PEOPLE v. GERARD

Ind. No. 835/16. 1898/16. Appeal No. 14218. Case No. 2019-5574.

197 A.D.3d 1045 (2021)

151 N.Y.S.3d 876

2021 NY Slip Op 05089

The People of the State of New York, Respondent, v. Andre Gerard, Appellant.

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

Decided September 28, 2021.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Lorca Morello of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Franklin R. Guenthner of counsel), for respondent.

Concur—Acosta, P.J., Singh, Kennedy, Mendez, Higgitt, JJ.


The hearing court properly denied defendant's motion to suppress a showup identification and property recovered upon defendant's arrest. An officer testified that he found defendant in a subway station near the scene of the crime (where he had been arrested for an unrelated theft of services offense); that defendant matched the description of the perpetrator given by an eyewitness and confirmed by photo identification and surveillance...

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