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People v. Copeland

201 A.D.2d 374 Court N.Y. App. Div. Decision date 1994-02-17 English

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p. 374
The People of the State of New York, Respondent, v Andrew Copeland, Appellant.
[609 NYS2d 769]

Judgment, Supreme Court, New York County (Frederic S. Berman, J., at hearing; Rena K. Uviller, J., at trial), rendered November 21, 1991, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 6 to 12 years, unanimously affirmed.

Defendant’s motion to suppress identification testimony was properly denied, defendant having been identified at a prompt, at-the-scene showup (see, People v Duuvon, 77 NY2d 541 , 545).

The challenged portions of the People’s summation did not

p. 375
exceed the bounds of proper advocacy (People v Galloway, 54 NY2d 396 , 399), and would, in any event, be considered harmless in view of the overwhelming evidence of guilt. Concur — Rosenberger, J. P., Ellerin, Kupferman and Nardelli, JJ.

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