Appellate Division of the Supreme Court of New York, 1995

People v. Thomas

People v. Thomas
Appellate Division of the Supreme Court of New York · Decided March 23, 1995
213 A.D.2d 295; 624 N.Y.S.2d 828; 1995 N.Y. App. Div. LEXIS 3027
People v. Thomas

Opinion of the Court

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered December 16, 1992, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

The police properly detained defendant two blocks away from complainant’s apartment, and within minutes of the crime, based upon a sufficiently detailed description of the burglar previously broadcast over the police radio. The victim was transported to where defendant was being detained and identified him. (See, People v Hicks, 68 NY2d 234.) Accordingly, defendant’s motion to suppress identification testimony was properly denied (see, People v Perkins, 174 AD2d 433, lv denied 78 NY2d 972). *296We have reviewed appellant’s other contentions and find them to be without merit. Concur—Rosenberger, J. P., Wallach, Kupferman, Asch and Tom, JJ.

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