Legal Opinion
People v. Fountaine
Appellate Division of the Supreme Court of the State of New York
Decided June 14, 2004PublishedCited by 6 opinions
1Opinion of the Court
Appeal from a judgment of the Monroe County Court (Patricia D. Marks, J.), rendered January 8, 2003. The judgment convicted defendant, upon a jury verdict, of burglary in the first degree and menacing in the second degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
*1108Memorandum: Supreme Court (Kenneth R. Fisher, J.) properly denied defendant’s motion to suppress identification testimony. Although the witness’s identification of defendant from a photo array was improperly influenced by the presence of another person simultaneously…
2Cases cited5 opinions
- People v. MinayaNew York Court of Appeals · 1981
- People v. FernandezAppellate Division of the Supreme Court of the State of New York · 1981
- People v. KolomickAppellate Division of the Supreme Court of the State of New York · 1987
- People v. PittmanAppellate Division of the Supreme Court of the State of New York · 1990
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by6 opinions
- People v. YoungAppellate Division of the Supreme Court of the State of New York · 2005
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2015
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2015
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