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People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 511 (N.Y. App. Div. 1998)

Opinion

June 15, 1998

Appeal from the Supreme Court, Kings County (Gary, J.).


Ordered that the judgment is affirmed.

We disagree with the defendant's contention that his identification by the complainant was the result of illegal police conduct which compelled him to participate in an identification procedure (see generally, People v. Gonzalez, 39 N.Y.2d 122). The record reveals that the defendant voluntarily accompanied the arresting police officer from an apartment to the front of the apartment building where, from among a group of four black males, the complainant identified him as a participant in the robbery which had occurred shortly before. Accordingly, those branches of the defendant's motion which were to suppress identification testimony and the physical evidence recovered from his person upon his arrest were properly denied.

The defendant's remaining contentions are without merit.

O'Brien, J. P., Sullivan, Pizzuto and Joy, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 511 (N.Y. App. Div. 1998)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLIFTON DAVIS…

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

Date published: Jun 15, 1998

Citations

251 A.D.2d 511 (N.Y. App. Div. 1998)
674 N.Y.S.2d 402

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