Legal Opinion

People v. Smith

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

Decided September 25, 2001PublishedCited by 2 opinions

1Opinion of the Court

—Judgment, Supreme Court, Bronx County (David Stadtmauer, J., at hearings; Joseph Cerbone, J., at jury trial and sentence), rendered December 23, 1997, convicting defendant of assault in the second degree, and sentencing him, as a persistent violent felony offender, to a term of six years to life, unanimously affirmed.

*637Defendant’s suppression motion was properly denied. The victim’s description was sufficient to provide reasonable suspicion to detain defendant for an identification procedure (see, People v Braxton, 250 AD2d 533, lv denied 92 NY2d 894). Although the showup occurred in front of…

2Cases cited4 opinions

  1. People v. RileyNew York Court of Appeals · 1987
  2. People v. BraxtonAppellate Division of the Supreme Court of the State of New York · 1998
  3. People v. BradleyAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. CarterAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by2 opinions

  1. People v. MillerAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. JacksonNew York Supreme Court · 2015

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