Appellate Division of the Supreme Court of New York, 1997

People v. Rodney

Appellate Division of the Supreme Court of New York · Decided March 24, 1997

237 A.D.2d 541; 655 N.Y.S.2d 577; 1997 N.Y. App. Div. LEXIS 2816

Cases that cite this one

18 later published cases cite this decision.

People v. Baez (Appellate Division of the Supreme Court of New York 2019)
People v. Santana (Appellate Division of the Supreme Court of New York 2018)
People v. Slattery (Appellate Division of the Supreme Court of New York 2017)
People v. Slattery (Appellate Division of the Supreme Court of New York 2017)
People v. Calero (Appellate Division of the Supreme Court of New York 2013)
People v. Calero (Appellate Division of the Supreme Court of New York 2013)
People v. Charles (Appellate Division of the Supreme Court of New York 2013)
People v. Charles (Appellate Division of the Supreme Court of New York 2013)
People v. Parris (Appellate Division of the Supreme Court of New York 2010)
People v. Berry (Appellate Division of the Supreme Court of New York 2008)
People v. Gonzalez (Appellate Division of the Supreme Court of New York 2008)
People v. Martinez (Appellate Division of the Supreme Court of New York 2004)
People v. Tislon (Appellate Division of the Supreme Court of New York 2001)
People v. Williams (Appellate Division of the Supreme Court of New York 2001)
People v. Braithwaite (Appellate Division of the Supreme Court of New York 2001)
People v. Rodney (Appellate Division of the Supreme Court of New York 2001)
People v. Warring (Appellate Division of the Supreme Court of New York 2000)
People v. Sostre (Appellate Division of the Supreme Court of New York 1997)

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 the defendant from a judgment of the Supreme Court, Kings County (Curci, J.), rendered April 3, 1995, convicting him of robbery in the first degree (two counts), robbery in the second degree, criminal possession of a weapon in the second degree (two counts), criminal possession of a weapon in the third degree (two counts), and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the showup identification was not improper. Showup identifications are permissible if the suspects are apprehended at or near the crime scene and can be viewed by a witness within close temporal proximity to the commission of the crime (see, People v Johnson, 81 NY2d 828, 831; People v Duuvon, 77 NY2d 541, 543). Here, the showup was conducted 40 minutes after the commission of the *542crime and it occurred approximately seven blocks from the scene of the crime (see, People v Wright, 221 AD2d 577; People v Thompson, 215 AD2d 604; People v Yearwood, 197 AD2d 554; People v Horn, 197 AD2d 420; People v West, 128 AD2d 570). Moreover, the procedure was not suggestive.

The defendant’s sentence was not illegal. Upon the defendant’s convictions of robbery in the first degree under counts one and two of the indictment he was sentenced to indeterminate terms of 10 to 20 years imprisonment (see, Penal Law § 160.15 [2]). The court properly imposed a minimum of one-half the maximum term because the crime of robbery in the first degree, as defined in Penal Law § 160.15 (2), is an "armed felony” (see, CPL 1.20 [41]; People v Jiminez, 165 AD2d 692).

The defendant’s remaining contentions are either unpreserved for appellate review (see, People v Charleston, 56 NY2d 886, 887-888; People v Yut Wai Tom, 53 NY2d 44, 54-56) or do not require reversal. Thompson, J. P., Pizzuto, Joy and Luciano, JJ., concur.

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