Legal Opinion

People v. Correa

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

Decided January 11, 1994PublishedCited by 4 opinions

1Opinion of the Court

—Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered December 14, 1989, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 5 to 10 years, unanimously affirmed.

Since the identification was not police-arranged, suppression was properly denied (People v Gissendanner, 48 NY2d 543, 552).

We find nothing in the record to indicate that defendant was "compelled” to conduct jury selection prior to the Wade hearing. Moreover, any irregularity under CPL 710.40 (3) was waived by defendant’s…

2Cases cited2 opinions

  1. People v. GissendannerNew York Court of Appeals · 1979
  2. People v. MelendezAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by4 opinions

  1. People v. WrayAppellate Division of the Supreme Court of the State of New York · 1996
  2. People v. Laura OldsAppellate Division of the Supreme Court of the State of New York · 2000
  3. People v. RosalesAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2005

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