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People v. Barnett

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2000
277 A.D.2d 323 (N.Y. App. Div. 2000)

Opinion

Submitted September 28, 2000.

November 13, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered May 6, 1996, convicting him of murder in the second degree, attempted murder in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress physical evidence and identification testimony.

Gary Cohen, Brooklyn, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Shulamit Rosenblum, and Phyllis Mintz of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., WILLIAM D. FRIEDMANN, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the police lawfully stopped the vehicle in which he was a passenger after observing the driver commit a traffic infraction (see, People v. Ellis, 62 N.Y.2d 393, 396; People v. Dougherty, 25 1 A.D.2d 344; People v. Gelley, 242 A.D.2d 277). Further, the lineup at which he was identified was not unduly suggestive (see, People v. Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833; People v. Cintron, 226 A.D.2d 390). While the defendant was the only individual with dreadlocks, his head and the heads of the fillers were covered during the identification procedure. Consequently, the hearing court properly denied those branches of the defendant's omnibus motion which were to suppress physical evidence and identification testimony.

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.


Summaries of

People v. Barnett

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2000
277 A.D.2d 323 (N.Y. App. Div. 2000)
Case details for

People v. Barnett

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. RAPHAEL BARNETT, A/K/A RAFAEL BARNETT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 13, 2000

Citations

277 A.D.2d 323 (N.Y. App. Div. 2000)
715 N.Y.S.2d 884

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