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People v. Pringle

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 19, 1996
226 A.D.2d 1072 (N.Y. App. Div. 1996)

Opinion

April 19, 1996

Appeal from the Erie County Court, Drury, J.

Present — Denman, P.J., Green, Fallon, Callahan and Doerr, JJ.


Judgment unanimously affirmed. Memorandum: County Court properly denied the motion to suppress the showup identification of defendant. The record supports the court's determinations that the stop of defendant was supported by reasonable suspicion ( see, People v Hicks, 68 N.Y.2d 234, 238) and that the showup at the hospital emergency room was justified by exigent circumstances ( see, People v. Riley, 70 N.Y.2d 523, 529). The contention that defendant was deprived of a fair trial by prosecutorial misconduct on summation is not preserved for our review ( see, CPL 470.05), and we decline to exercise our power to address that contention as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). Defendant knowingly, voluntarily and intelligently waived his right to a hearing pursuant to CPL 400.20 (3) to challenge his status as a persistent felony offender. The sentence imposed is not unduly harsh or severe.


Summaries of

People v. Pringle

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 19, 1996
226 A.D.2d 1072 (N.Y. App. Div. 1996)
Case details for

People v. Pringle

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK PRINGLE, Appellant

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

Date published: Apr 19, 1996

Citations

226 A.D.2d 1072 (N.Y. App. Div. 1996)
642 N.Y.S.2d 843

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