PEOPLE v. SMITH


270 A.D.2d 132 (2000)

706 N.Y.S.2d 308

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES J. SMITH, Appellant.

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

Decided March 21, 2000.


Summary denial of the Mapp/Dunaway branch of defendant's suppression motion was proper because of the insufficiency of defendant's factual allegations. The hearing record supports the court's finding that the identification evidence was lawful. Defendant was granted a Huntley hearing; however, defendant clearly opened the door to introduction to one of the statements suppressed after the hearing. The court properly struck defendant's testimony after he refused...

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