PEOPLE v. RIVERA

2621, 3433/11.

146 A.D.3d 421 (2017)

2017 NY Slip Op 00027

43 N.Y.S.3d 744

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY RIVERA, Appellant.

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

Decided January 3, 2017.


Since defendant's suppression motion was expressly limited to a Fourth Amendment claim, his argument that his identification should have been suppressed because of an allegedly suggestive lineup is unpreserved and waived, and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. The hearing record does not support defendant's claim of suggestiveness (see generally People v Chipp, 75 N.Y.2d 327...

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