People v. Smith
Appellate Division of the Supreme Court of the State of New York
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
- People v. RileyNew York Court of Appeals · 1987
- People v. BraxtonAppellate Division of the Supreme Court of the State of New York · 1998
- People v. BradleyAppellate Division of the Supreme Court of the State of New York · 1996
- People v. CarterAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by2 opinions
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 2007
- People v. JacksonNew York Supreme Court · 2015