PEOPLE v. TUBBS


249 A.D.2d 936 (1998)

671 N.Y.S.2d 396

The People of the State of New York, Respondent, v. Darnell Tubbs, Appellant

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

April 29, 1998


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him of robbery in the first degree (Penal Law § 160.15 [2]), two counts of assault in the second degree (Penal Law § 120.05 [2], [6]) and grand larceny in the fourth degree (Penal Law § 155.30 [5]). Defendant argues that a showup identification procedure held at Rochester General Hospital, where the shooting victim was undergoing medical treatment, was unduly...

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