People v. Johnson

Judgment, Supreme Court, Bronx County (Kleiman, J., at hearing, and Holland, J., at plea and sentence), rendered December 6, 1978, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree (Penal Law, §§ 110.00,160.10), and sentencing him to a term of imprisonment thereon, is unanimously affirmed. The only issue which gives us pause on this appeal is whether the defendant’s presence at the lineup was itself the product of an illegal seizure of the defendant — and whether, for that reason, the pretrial lineup identification should have been suppressed. (Cf.…