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People v. Duggins

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1989
149 A.D.2d 614 (N.Y. App. Div. 1989)

Opinion

April 17, 1989

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


Ordered that the judgment is affirmed.

We agree with the determination of the Supreme Court, Kings County, that the defendant was competent to stand trial (see, CPL 730.10; People v. Allen, 135 A.D.2d 823; People v Breeden, 115 A.D.2d 484).

Turning to the defendant's other contention, under the circumstances, the complainant's viewing of the defendant's photograph was confirmatory and not an identification, since the defendant had previously been identified by her at the time of his arrest (see, People v. Tas, 51 N.Y.2d 915; People v Gissendanner, 48 N.Y.2d 543; People v. Boyd, 140 A.D.2d 704).

We have considered the defendant's remaining claims, including those raised in his supplemental pro se brief, and find them to be either unpreserved or without merit. Bracken, J.P., Kunzeman, Spatt and Harwood, JJ., concur.


Summaries of

People v. Duggins

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1989
149 A.D.2d 614 (N.Y. App. Div. 1989)
Case details for

People v. Duggins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEROY DUGGINS…

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

Date published: Apr 17, 1989

Citations

149 A.D.2d 614 (N.Y. App. Div. 1989)