Legal Opinion

People v. Rose

Appellate Division of the Supreme Court of the State of New York

Decided September 28, 1995PublishedCited by 2 opinions

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

  1. People v. GonzalezNew York Court of Appeals · 1992
  2. People v. OmaroAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. SanfordAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by2 opinions

  1. People v. SamadAppellate Division of the Supreme Court of the State of New York · 1998
  2. People v. VanderbushAppellate Division of the Supreme Court of the State of New York · 2002

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