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People v. Harris

Appellate Division of the Supreme Court of New York, Second Department
May 17, 1993
193 A.D.2d 757 (N.Y. App. Div. 1993)

Opinion

May 17, 1993

Appeal from the County Court, Suffolk County (Tisch, J.).


Ordered that the judgment is affirmed.

The charge arose out of an incident on October 28, 1991, when the victim was walking home from high school along Fifth Avenue in Brentwood, New York. The defendant approached the victim and proceeded to stick an object against the victim's side and rob him of several pieces of gold jewelry and his wallet.

On appeal, the defendant contends that the showup identification procedure employed was unduly suggestive. Generally, the findings of fact made by the hearing court are entitled to great weight, and should not be disturbed when they are supported by the record (see, e.g., People v Duncan, 75 A.D.2d 823, 824). Here, the showup was promptly done in close proximity to the crime scene and, therefore, it was permissible (see, People v Duuvon, 77 N.Y.2d 541). In addition, we disagree with the defendant's contention that the police impermissibly arrested him without a warrant in violation of Payton v New York ( 445 U.S. 573). The hearing testimony in this case supports the court's conclusion that the defendant was lawfully arrested as part of a continuous pursuit by the police which originated in a public place, and, therefore, the hearing court's ruling was proper (see, People v Thomas, 164 A.D.2d 874). Further, we agree with the determination of the hearing court that the defendant was properly advised of his Miranda rights and that his statements to the police were voluntarily made (see, People v Casiano, 123 A.D.2d 712).

We find that the defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Miller, J.P., O'Brien, Copertino and Joy, JJ., concur.


Summaries of

People v. Harris

Appellate Division of the Supreme Court of New York, Second Department
May 17, 1993
193 A.D.2d 757 (N.Y. App. Div. 1993)
Case details for

People v. Harris

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES HARRIS…

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

Date published: May 17, 1993

Citations

193 A.D.2d 757 (N.Y. App. Div. 1993)
598 N.Y.S.2d 986

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