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People v. Boyd

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 704 (N.Y. App. Div. 1988)

Opinion

May 31, 1988

Appeal from the County Court, Nassau County (Belfi, J.).


Ordered that the judgment is affirmed.

We reject the defendant's claim that the hearing court erroneously denied his motion to suppress identification testimony by the complaining witness. The court properly found that the procedure used here was more in the nature of a confirmation than an identification within the meaning of CPL 710.30, in view of the fact that the witness knew the defendant from the neighborhood for some 12 years. Accordingly, the issue of suggestiveness is not relevant (see, People v Tas, 51 N.Y.2d 915; People v Gissendanner, 48 N.Y.2d 543; People v Stevens, 109 A.D.2d 856). Bracken, J.P., Brown, Weinstein and Rubin, JJ., concur.


Summaries of

People v. Boyd

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 704 (N.Y. App. Div. 1988)
Case details for

People v. Boyd

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE BOYD, Appellant

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

Date published: May 31, 1988

Citations

140 A.D.2d 704 (N.Y. App. Div. 1988)

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