PEOPLE v. WARNER


125 A.D.2d 430 (1986)

The People of the State of New York, Respondent, v. William C. Warner, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 8, 1986


Ordered that the judgment is affirmed.

The defendant contests the hearing court's denial of that branch of his omnibus motion which was to suppress identification testimony on two grounds. First, he argues that a lineup identification was a "fruit of the poisonous tree" because it would not have been held but for a police detective learning about certain property illegally seized from the defendant in an unrelated arrest. However, because the defendant never raised...

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