People v Price

People v Price 2012 NY Slip Op 08555 Decided on December 12, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 12, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
2011-00604
(Ind. No. 939/08)

[*1]The People of the State of New York, respondent,

v

Chris Price, appellant.




Lynn W. L. Fahey, New York, N.Y. (Jessica M. McNamara of
counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y.
(John M. Castellano, Sharon Y.
Brodt, and Matthew Sweet of
counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered January 13, 2011, convicting him of robbery in the second 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 evidence.

ORDERED that the judgment is affirmed.

Contrary to the People's contention, the defendant's present challenge to the showup identification procedure as unduly suggestive was preserved by the issues raised at the pretrial suppression hearing (see People v Ortiz, 90 NY2d 533, 537; People v Chipp, 75 NY2d 327, 335, cert denied 498 US 833; People v Berry, 50 AD3d 1047, 1048). However, the defendant's contention that the showup identification procedure was unduly suggestive is without merit (see People v Lopez, 93 AD3d 808, 809; People v Mais, 71 AD3d 1163, 1165; People v Parris, 70 AD3d 725, 726; People v Berry, 50 AD3d at 1048; People v Guy, 47 AD3d 643, 643; People v Samuels, 39 AD3d 569, 570; People v Leon, 265 AD2d 344, 345).
MASTRO, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court