People v. Timmons
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant’s motion to suppress the identification testimony of the victim was properly denied. "Accidental or unarranged showups at the police station are not unnecessarily or impermissibly suggestive when they are unavoidable and not attributable to any misconduct on the part of the police or the prosecutor” (People v Sims, 150 AD2d 402, 404, Iv denied 74 NY2d 747). The trial court responded meaningfully to the jury’s inquiry regarding the definition of felony murder (see, People v Weinberg, 83 NY2d 262, 267; People v Almodovar, 62 NY2d 126, 131). There was no abuse of discretion in the Sandoval ruling permitting the prosecutor to cross-examine defendant regarding the underlying facts of his prior conviction of assault in the third
We have reviewed defendant’s remaining contentions, including those raised in the pro se supplemental brief, and conclude that none requires reversal. (Appeal from Judgment of Supreme Court, Monroe County, Bergin, J.—Murder, 2nd Degree.) Present—Green, J. P., Wesley, Callahan, Doerr and Davis, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.