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People v. Lyde

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1984
104 A.D.2d 957 (N.Y. App. Div. 1984)

Opinion

October 15, 1984

Appeal from the County Court, Westchester County (Cowhey, J.).


Judgment affirmed.

The record reveals that defense counsel waived any objection to the admission of testimony regarding the pretrial photographic identifications, as well as to the photographs themselves, after he opened the door to this subject during cross-examination of the prosecution witnesses ( People v Shannon, 92 A.D.2d 554; People v McCullars, 89 A.D.2d 669; People v Bunch, 58 A.D.2d 608).

Defendant had the right to waive his presence at the preliminary hearing where he was subsequently identified by a witness ( People v James, 100 A.D.2d 552). Having been denied this right, he was entitled to seek suppression of the identification at a Wade hearing and it was error to summarily deny suppression ( People v James, supra). Nevertheless, only one of the complaining witnesses was present at the preliminary hearing and the identification testimony of the other witness not present was not affected by the procedures at the hearing. Additionally, an independent source for the in-court identifications made by both witnesses was clearly established at trial. Under the circumstances of the case, including the clear opportunities of the victims to observe the defendant at the scene, the error was harmless.

We have considered the other contentions of defendant and find them to be without merit. Lazer, J.P., Brown, Boyers and Eiber, JJ., concur.


Summaries of

People v. Lyde

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1984
104 A.D.2d 957 (N.Y. App. Div. 1984)
Case details for

People v. Lyde

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAROLD LYDE, Appellant

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

Date published: Oct 15, 1984

Citations

104 A.D.2d 957 (N.Y. App. Div. 1984)

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