Appellate Division of the Supreme Court of New York, 1994

People v. Correa

People v. Correa
Appellate Division of the Supreme Court of New York · Decided January 11, 1994
200 A.D.2d 415; 608 N.Y.S.2d 802; 1994 N.Y. App. Div. LEXIS 276
People v. Correa

Opinion of the Court

—Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered December 14, 1989, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 5 to 10 years, unanimously affirmed.

Since the identification was not police-arranged, suppression was properly denied (People v Gissendanner, 48 NY2d 543, 552).

We find nothing in the record to indicate that defendant was "compelled” to conduct jury selection prior to the Wade hearing. Moreover, any irregularity under CPL 710.40 (3) was waived by defendant’s failure to object (People v Melendez, 141 AD2d 860, lv denied 73 NY2d 788). Concur — Carro, J. P., Ellerin, Kupferman and Ross, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.