Legal Opinion
People v. Kavanaugh
Appellate Division of the Supreme Court of the State of New York
Decided September 20, 1994PublishedCited by 5 opinions
1Opinion of the Court
—Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered March 11, 1992, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a persistent violent felony offender, to a term of 25 years to life, unanimously affirmed.
The hearing court correctly held that the identification of defendant from his driver’s license photograph, which defendant inadvertently left at the crime scene, was a chance "observation”, not a "police-initiated, identification procedure”, and therefore not within the scope of CPL 710.30 (People v Peterson, 194 AD2d…
2Cases cited4 opinions
- People v. GeorgeAppellate Division of the Supreme Court of the State of New York · 1993
- People v. PetersonAppellate Division of the Supreme Court of the State of New York · 1993
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1994
- People v. HarrellNew York Supreme Court · 1991
3Cited by5 opinions
- People of State of New York v. BurgosAppellate Division of the Supreme Court of the State of New York · 1995
- People v. GeeAppellate Division of the Supreme Court of the State of New York · 2001
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 1995
- People v. SoutherlandAppellate Division of the Supreme Court of the State of New York · 2001
- People v. BrunsonAppellate Division of the Supreme Court of the State of New York · 2026