PEOPLE v. PENA

Nos. 7574, 7574A, 484/08, 1841/08.

95 A.D.3d 541 (2012)

943 N.Y.S.2d 513

2012 NY Slip Op 3559

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE PENA, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 8, 2012.


The court properly denied defendant's motion to suppress lineup identifications. These identifications were not suppressible as products of an unlawful search and seizure.

The police department had probable cause to arrest defendant for a robbery, based on a photo identification. The arresting officers had seen a photograph of defendant and were aware the person in the photo was wanted for the robbery. While conducting a vertical patrol, these officers went to an...

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