PEOPLE v. McGOWAN


291 A.D.2d 296 (2002)

737 N.Y.S.2d 608

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH McGOWAN, Appellant.

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

Decided February 19, 2002.


Defendant's suppression motion was properly denied. Probable cause was established by defendant's appearance in a surveillance tape and his recognition, by his own roommate as well as by a police officer, as the person depicted in the tape. Defendant's right to counsel argument is unsupported by any factual record and, in any event, defendant conceded at the hearing that counsel was present before, during and after the lineups. A review of the lineup photograph reveals that...

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