# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · February 18, 1997 · 236 A.D.2d 549

URL: https://www.frixlaw.com/law-library/cases/6010968

## Case

- **Full name:** The People of the State of New York v. Howard L. Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** February 18, 1997
- **Citations:** 236 A.D.2d 549; 654 N.Y.S.2d 630; 1997 N.Y. App. Div. LEXIS 1306
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6010968

## Opinion text

—Appeal by the *550 defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered April 22, 1994, convicting him of robbery in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.
Ordered that the judgment is affirmed.
We find no merit in the contention that the victim’s in-court identification of the defendant should be suppressed. Although the showup identification was overly suggestive, the victim identified the defendant in court based on a sufficiently established independent source (see, People v Ballot, 20 NY2d 600 ).
Contrary to the defendant’s further contention, his prior plea of guilty to attempted robbery in the second degree was a constitutionally obtained predicate conviction and, hence, it served as a proper basis upon which to sentence him as a persistent violent felony offender (see, People v Moore, 71 NY2d 1002 ).
We have reviewed the defendant’s remaining contentions and find them to be without merit. Rosenblatt, J. P., Ritter, Copertino and Krausman, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6010968. Public record. Not legal advice.