Opinion

People v. Brown

  • 269 A.D.2d 539
  • 704 N.Y.S.2d 486
  • 2000 N.Y. App. Div. LEXIS 1900
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Feb 22, 2000
Status
Published
Cited by
4 cases
Authority
More cited than 71.5%

The opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kriendler, J.), rendered July 6, 1995, convicting him of robbery in the first degree (four counts), attempted robbery in the first degree, and robbery in the third degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Owens, J.), of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

Despite the poor quality of the photograph of the lineup at which two of the complainants identified the defendant, there was sufficient evidence to support the hearing court’s determination that the lineup was not unduly suggestive (see, People v Adams, 178 AD2d 536 ).

Contrary to the defendant’s contention, his right to be present during material stages of the trial was not violated when challenges to the prospective jurors were exercised outside his presence. The defendant was present during the voir dire and when the challenges were given effect in open court (see, People v Velasco, 77 NY2d 469 ; People v Harris, 212 AD2d 631 ).

*540 The court did not err in denying the defendant’s motion to set aside the verdict on the ground of juror misconduct without conducting a hearing (see, People v Anderson, 249 AD2d 405 ).

The defendant’s remaining contentions are either unpreserved for appellate review, without merit, or do not warrant reversal. Mangano, P. J., Altman, Schmidt and Smith, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.