Legal Opinion

People v. Rivera

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

Decided February 9, 1998Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered June 15, 1995, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Finnegan, J.), of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

The complainant testified at the independent source hearing that on the day in question he was sitting in his living room when the defendant entered his home and…

2Cases cited9 opinions

  1. Neil v. BiggersSupreme Court of the United States · 1972
  2. Manson v. BrathwaiteSupreme Court of the United States · 1977
  3. People v. HarrisNew York Court of Appeals · 1983
  4. People v. FordNew York Court of Appeals · 1995
  5. People v. HyattAppellate Division of the Supreme Court of the State of New York · 1990

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