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People v. Brimage

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 1995
214 A.D.2d 454 (N.Y. App. Div. 1995)

Opinion

April 20, 1995

Appeal from the Supreme Court, New York County (Budd Goodman, J.).


The jury's verdict was not based on insufficient evidence, nor was it against the weight of the evidence (People v Bleakley, 69 N.Y.2d 490). Factors affecting the reliability of the identifications made by the undercover and "ghost" officers, such as lighting conditions, were properly presented to the jury for its consideration, and we see no reason to disturb its findings (People v Diaz, 197 A.D.2d 379, lv denied 82 N.Y.2d 893).

When the hearing court suppressed physical evidence recovered from defendant, it was under no duty to concomitantly suppress identification testimony, absent a specific request by defendant. Although defendant's written omnibus motion included a clause requesting suppression of identification testimony on Fourth Amendment grounds, defendant abandoned that issue by failing to call it to the court's attention at the hearing (see, People v Rodriguez, 50 N.Y.2d 553). Moreover, the Fourth Amendment issues in this case regarding physical evidence and identification were not identical, since a suspect may be detained for identification on a lesser showing than probable cause (People v Hicks, 68 N.Y.2d 234).

Concur — Sullivan, J.P., Ellerin, Wallach, Asch and Williams, JJ.


Summaries of

People v. Brimage

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 1995
214 A.D.2d 454 (N.Y. App. Div. 1995)
Case details for

People v. Brimage

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY BRIMAGE…

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

Date published: Apr 20, 1995

Citations

214 A.D.2d 454 (N.Y. App. Div. 1995)
631 N.Y.S.2d 2

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