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PEOPLE v. CRENSHAW

275 A.D.2d 420 (2000)

712 N.Y.S.2d 879

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP CRENSHAW, Appellant.

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

Decided August 21, 2000.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the lineup procedure was not unduly suggestive and the witnesses' pretrial lineup identification was properly admitted (cf., People v Owens, 74 N.Y.2d 677). Thus, the failure of the defendant's trial counsel to move to reopen the suppression hearing did not amount to ineffective assistance of counsel (see, CPL 710.40). Under the circumstances...

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