AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE KENNERLY, Appellant.

Judgment affirmed, and matter remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

Under the circumstances of this case, where defendant, who exactly matched the description of the burglar, was apprehended a very short distance from the crime scene only minutes after the crime, the police acted properly in arranging a prompt on-the-scene showup (see, e.g., People v. Brnja, 70 A.D.2d 17, affd 50 N.Y.2d 366; People v. Love, 57 N.Y.2d 1023; People v Soto, 87 A.D.2d 618). Nor can it be said that the showup in the instant case was unduly suggestive, where the hearing court determined that defendant was brought to the scene in an unmarked car, was not handcuffed, and was immediately identified without any prompting or other improper comments from the officers to the complainant, and these findings are amply supported by the evidence.

We have considered defendant's remaining contention and find it to be without merit. Lazer, J.P., Mangano, Brown and Kooper, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. KENNERLY
(Feb 3, 1986)