AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN ANNAKIE, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the showup at which he was identified by the complainant was not unduly suggestive. "Showup procedures are permissible [where, as here,] they are conducted in close spatial and temporal proximity to the commission of the crime for the purpose of securing a prompt and reliable identification" ( People v Gilyard, 32 AD3d 1046, 1046). Nor does the fact that the defendant was handcuffed at the time of the identification necessarily render the showup unduly suggestive ( see People v Duuvon, 77 NY2d 541, 544 [1991]; see also People v Loo, 14 AD3d 716; People v Pierre, 2 AD3d 461). Furthermore, the showup was part of an "unbroken chain of events" from the moment the defendant was apprehended until he was identified by the witness ( People v Mitchell, 185 AD2d 249, 251).

The prosecutor's comments during summation did not improperly shift the burden of proof nor otherwise deprive the defendant of a fair trial.

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).

Use AI to get other relevant cases.

Comments

PEOPLE v. ANNAKIE
(Jan 29, 2008)