People v. Lewis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of murder in the second degree (Penal Law § 125.25 [3] [felony murder]). Contrary to the People’s contention, defendant did not forfeit his right to appeal by pleading guilty after County Court issued an oral suppression ruling but before a written order thereon had been issued; “an appeal does lie from an oral ‘order’ ” (People v Elmer, 19 NY3d 501, 507 [2012]). Defendant contended at the suppression hearing that the showup identification procedure was unduly suggestive because the store clerk who made the…
2Cases cited15 opinions
- People v. GombergNew York Court of Appeals · 1975
- People v. OrtizNew York Court of Appeals · 1997
- People v. HarrisNew York Court of Appeals · 2002
- People v. BriscoNew York Court of Appeals · 2003
- People v. OrtizNew York Court of Appeals · 1990
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3Cited by15 opinions
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- People v. BassettAppellate Division of the Supreme Court of the State of New York · 2013
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2017
- People v. SwainAppellate Division of the Supreme Court of the State of New York · 2013
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