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People v. Baptiste

248 A.D.2d 479 Court N.Y. App. Div. Decision date 1998-03-09 English

Judges Rosenblatt, J. P., O’Brien, Ritter and Goldstein, JJ., concur.

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p. 479
The People of the State of New York, Respondent, v Maxime Baptiste, Appellant.
[668 NYS2d 923]

—Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered December 8, 1995, convicting him of robbery in the first degree and unlawful imprisonment in the second degree, upon a jury verdict, and imposing sentence.

p. 480
Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the “point-out” identification at issue was a witness-initiated procedure (see, People v Flores, 232 AD2d 654 ; People v Burgos, 219 AD2d 504 ; cf, People v Dixon, 85 NY2d 218 ). Thus, the People are not required to provide notice pursuant to CPL 710.30 that they intend to present evidence of the identification at trial (see, People v Burgos, supra).

The sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80 ).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit.

Rosenblatt, J. P., O’Brien, Ritter and Goldstein, JJ., concur.

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