People v. Rose
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Edward Sheridan, J., at suppression hearing; Daniel P. FitzGerald, J., at trial and sentence), rendered May 21, 1993, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of l3/4 to 31/2 years, unanimously affirmed.
Where, as here, the identification of defendant by the *565complainant results from a procedure in which there is no governmental or official participation, suppression is not required (People v Omaro, 201 AD2d 324; People v Sanford, 184 AD2d 671, lv denied…
2Cases cited3 opinions
- People v. GonzalezNew York Court of Appeals · 1992
- People v. OmaroAppellate Division of the Supreme Court of the State of New York · 1994
- People v. SanfordAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by2 opinions
- People v. SamadAppellate Division of the Supreme Court of the State of New York · 1998
- People v. VanderbushAppellate Division of the Supreme Court of the State of New York · 2002