Legal Opinion

People v. Cunningham

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

Decided April 8, 1985PublishedCited by 10 opinions

1Opinion of the Court

Since defendant wholly failed to articulate, except in the most conclusory terms, any reason why he would be prejudiced by the joinder of the two robbery counts in a single indictment, the court did not abuse its discretion in denying his severance motion (CPL 200.20 [3]; People v Lane, 56 NY2d 1; People v Jenkins, 50 NY2d 981).

Nor is there any merit to defendant’s argument that the witnesses’ in-court identifications should have been suppressed because the lineups conducted at the police station violated his right to counsel and were unduly suggestive. A person merely suspected of having…

2Cases cited5 opinions

  1. People v. LaneNew York Court of Appeals · 1982
  2. People v. HawkinsNew York Court of Appeals · 1982
  3. People v. JenkinsNew York Court of Appeals · 1980
  4. People v. PerezNew York Court of Appeals · 1977
  5. People v. DawsonAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by10 opinions

  1. People v. StephensAppellate Division of the Supreme Court of the State of New York · 1988
  2. People v. MasonAppellate Division of the Supreme Court of the State of New York · 1986
  3. People v. PeterkinAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. RuizAppellate Division of the Supreme Court of the State of New York · 1990

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