PEOPLE v. LEGALL

2014-05502, Ind. No. 9148/12.

176 A.D.3d 867 (2019)

110 N.Y.S.3d 145

2019 NY Slip Op 07281

The People of the State of New York, Respondent, v. Mikquan Legall, Appellant.

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

Decided October 9, 2019.


Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Paul Wiener of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Caroline R. Donhauser , and Eva A. Oginar of counsel), for respondent.

Rivera, J.P., Hinds-Radix, LaSalle and Iannacci, JJ., concur.


Ordered that the judgment is affirmed.

On September 2, 2011, the complainant, a pizza delivery driver, was robbed at gunpoint as he was attempting to make a delivery at a location in Brooklyn. The following day, the complainant identified the defendant from a photo array, which was not retained by the police. The defendant was apprehended approximately 13 months later, at which point he was identified by the complainant in a lineup.

The defendant was charged...

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