People v. Jeffries
Cases that cite this one
11 later published cases cite this decision.
- P., CHARLES, MTR. OF (Appellate Division of the Supreme Court of New York 2015)
- People v. Guitierres (Appellate Division of the Supreme Court of New York 2011)
- People v. Smith (Appellate Division of the Supreme Court of New York 1996)
- People v. Barham (Appellate Division of the Supreme Court of New York 1995)
- People v. Redd (Appellate Division of the Supreme Court of New York 1988)
- People v. Springs (Appellate Division of the Supreme Court of New York 1987)
- People v. Drummond (Appellate Division of the Supreme Court of New York 1987)
- People v. Androvett (Appellate Division of the Supreme Court of New York 1987)
- People v. Perez (Appellate Division of the Supreme Court of New York 1987)
- People v. Richburg (Appellate Division of the Supreme Court of New York 1987)
- People v. Monroe (Appellate Division of the Supreme Court of New York 1987)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— Appeal by defendant from a judgment of the Supreme Court, Kings County (DeLury, J.), rendered July 7, 1983, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, following a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.
Ordered that the judgment is affirmed.
The Judge presiding at the Wade hearing properly denied that branch of the defendant’s omnibus motion which was to suppress the complainant’s identification testimony since the identification was not the product of an unduly suggestive showup procedure. The record shows that approximately one-half hour after the crime the complainant selected the defendant out of some 20 to 30 people present in a hospital emergency room. Although the arresting officer had previously stated to the complainant that the perpetrators may be at the hospital, he did not state where they were within the hospital or otherwise point them out. In any event, merely "informing a witness that he is going to look at a suspect will not, by itself, -vitiate an otherwise proper identification” (see, People v Osgood, 89 AD2d 76, 81). Nor does the fact that the police officer told the eyewitness to be "damn sure” of his identification render the identification inadmissible.
Also without merit is the defendant’s claim that the trial court should have found that the People failed to timely disclose Brady material. The defendant became aware at the Wade hearing, if not sooner, that an eyewitness to the crime had told the police the make and license plate number of the car in which the culprits made their getaway. Yet, the defendant did not object to the People’s failure to disclose this information until after the jury reached a verdict. Under these circumstances, the trial court did not err when it denied the defendant’s application (see, People v Murphy, 109 AD2d 895; People v Jones, 85 AD2d 50; see also, People v Brown, 67 NY2d 555).
The defendant’s remaining contentions are either unpreserved or have no merit. Mangano, J. P., Weinstein, Lawrence and Kooper, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.