People v. Lewis, 97 A.D.3d 1097 (N.Y. App. Div. 2012). · Go Syfert
People v. Lewis, 97 A.D.3d 1097 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Lewis-Bush (nyappdiv, 2022-04-22)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Lewis-Bush
N.Y. App. Div. · 2022 · confidence medium
With respect to the potential conflict of interest, defendant failed to establish that the potential conflict "actually operated on the defense" ( Sanchez , 21 NY3d at 223 ; see People v McCutcheon , 109 AD3d 1086 , 1087 [4th Dept 2013], lv denied 22 NY3d 1042 [2013]; People v Lewis , 97 AD3d 1097, 1098 [4th Dept 2012], lv denied 19 NY3d 1103 [2012]), and thus reversal is not required.
discussed Cited as authority (rule) People v. Vazquez
N.Y. App. Div. · 2019 · signal: cf. · confidence medium
That identification procedure, like the identification procedure with the victim, took place in spatial and temporal proximity to the crime ( see People v Johnson , 164 AD3d 1593 , 1594 [4th Dept 2018], lv denied 32 NY3d 1173 [2019]; cf. People v Knox , 170 AD3d 1648 , 1649-1650 [4th Dept 2019]), and it was also conducted "in the course of a continuous, ongoing investigation' " ( People v Lewis , 97 AD3d 1097, 1098 [4th Dept 2012], lv denied 19 NY3d 1103 [2012], quoting Brisco , 99 NY2d at 597 ).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2018 · confidence medium
People v Bakerx , 114 AD3d 1244 , 1247 [4th Dept 2014], lv denied 22 NY3d 1196 [2014]; Lewis , 97 AD3d at 1097-1098; People v Santiago , 83 AD3d 1471, 1471 [4th Dept 2011], lv denied 17 NY3d 800 [2011]).
discussed Cited as authority (rule) People v. Walker
N.Y. App. Div. · 2017 · confidence medium
Defendant’s contention that the showup identification should have been suppressed because it was not conducted in close temporal proximity to the crime is unpreserved for our review (see People v Lewis, 97 AD3d 1097, 1097-1098 [4th Dept 2012], lv denied 19 NY3d 1103 [2012]), and we decline to review it as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]).
discussed Cited as authority (rule) People v. Dixon
N.Y. App. Div. · 2015 · confidence medium
Defendant’s contention is not preserved for our review (see People v Lewis, 97 AD3d 1097, 1097-1098 [2012], lv denied 19 NY3d 1103 [2012]; People v Cruz, 89 AD3d 1464 , 1465-1466 [2011], lv denied 18 NY3d 993 [2012]; People v Clark, 161 AD2d 1181, 1181 [1990], lv denied 76 NY2d 786 [1990]).
discussed Cited as authority (rule) People v. Dixon
N.Y. App. Div. · 2015 · confidence medium
Defendant’s contention is not preserved for our review (see People v Lewis, 97 AD3d 1097, 1097-1098 [2012], lv denied 19 NY3d 1103 [2012]; People v Cruz, 89 AD3d 1464 , 1465-1466 [2011], lv denied 18 NY3d 993 [2012]; People v Clark, 161 AD2d 1181, 1181 [1990], lv denied 76 NY2d 786 [1990]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2014 · confidence medium
Although defendant failed to preserve the latter contention for our review (see CPL 470.05 [2]; People v Lewis, 97 AD3d 1097, 1097-1098 [2012], lv denied 19 NY3d 1103 [2012]), we conclude in any event that both contentions lack merit.
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2014 · confidence medium
Although defendant failed to preserve the latter contention for our review (see CPL 470.05 [2]; People v Lewis, 97 AD3d 1097, 1097-1098 [2012], lv denied 19 NY3d 1103 [2012]), we conclude in any event that both contentions lack merit.
discussed Cited as authority (rule) People v. Bassett
N.Y. App. Div. · 2013 · confidence medium
Here, the showup identification procedure was reasonable because it was conducted within 200 yards of the scene of the crime, within 20 minutes of the commission of the crime, and in the course of a continuous, ongoing investigation (see People v Brisco, 99 NY2d 596, 597 [2003]; People v Lewis, 97 AD3d 1097, 1098 [2012], lv denied 19 NY3d 1103 [2012]).
discussed Cited as authority (rule) People v. Bassett
N.Y. App. Div. · 2013 · confidence medium
Here, the showup identification procedure was reasonable because it was conducted within 200 yards of the scene of the crime, within 20 minutes of the commission of the crime, and in the course of a continuous, ongoing investigation (see People v Brisco, 99 NY2d 596, 597 [2003]; People v Lewis, 97 AD3d 1097, 1098 [2012], lv denied 19 NY3d 1103 [2012]).
discussed Cited "see" SWAIN, ELISHA R., PEOPLE v
N.Y. App. Div. · 2013 · signal: see · confidence high
The showup identification procedure took place within 30 minutes of the robbery, in proximity to where the robbery occurred and “in the context of a continuous, ongoing investigation,” which was sufficient to establish that the showup procedure was reasonable under the circumstances (People v Brisco, 99 NY2d 596, 597 ; see People v Lewis, 97 AD3d 1097, 1098 , lv denied 19 NY3d 1103 ; People v Jacob, 94 AD3d 1142, 1144 , lv denied 19 NY3d 962 ).
discussed Cited "see" People v. Swain
N.Y. App. Div. · 2013 · signal: see · confidence high
The showup identification procedure took place within 30 minutes of the robbery, in proximity to where the robbery occurred and “in the context of a continuous, ongoing investigation,” which was sufficient to establish that the showup procedure was reasonable under the circumstances (People v Brisco, 99 NY2d 596, 597 [2003]; see People v Lewis, 97 AD3d 1097, 1098 [2012], lv denied 19 NY3d 1103 [2012]; People v Jacob, 94 AD3d 1142, 1144 [2012], lv denied 19 NY3d 962 [2012]).
discussed Cited "see" People v. Swain
N.Y. App. Div. · 2013 · signal: see · confidence high
The showup identification procedure took place within 30 minutes of the robbery, in proximity to where the robbery occurred and “in the context of a continuous, ongoing investigation,” which was sufficient to establish that the showup procedure was reasonable under the circumstances (People v Brisco, 99 NY2d 596, 597 [2003]; see People v Lewis, 97 AD3d 1097, 1098 [2012], lv denied 19 NY3d 1103 [2012]; People v Jacob, 94 AD3d 1142, 1144 [2012], lv denied 19 NY3d 962 [2012]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Stefan E. Lewis
Appellate Division of the Supreme Court of the State of New York.
Jul 6, 2012.
97 A.D.3d 1097
Cited by 15 opinions  |  Published

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of murder in the second degree (Penal Law § 125.25 [3] [felony murder]). Contrary to the People’s contention, defendant did not forfeit his right to appeal by pleading guilty after County Court issued an oral suppression ruling but before a written order thereon had been issued; “an appeal does lie from an oral ‘order’ ” (People v Elmer, 19 NY3d 501, 507 [2012]). Defendant contended at the suppression hearing that the showup identification procedure was unduly suggestive because the store clerk who made the identification did not see the robbers’ faces, which were covered. Thus, defendant failed to preserve for our review his present contentions that the court erred in failing to suppress the showup identification on the grounds that the People failed to demonstrate that the showup identification procedure was conducted in temporal proximity to the crime and that the showup identification procedure was unnecessary because the police al[*1098] ready had probable cause to arrest him in connection with an earlier robbery (see CPL 470.05 [2]).

In any event, we conclude that defendant’s present contentions lack merit. Although showup identification procedures are generally disfavored (see People v Ortiz, 90 NY2d 533, 537 [1997]), such procedures are permitted “where [they are] reasonable under the circumstances — that is, when conducted in close geographic and temporal proximity to the crime — and the procedure used was not unduly suggestive” (People v Brisco, 99 NY2d 596, 597 [2003]; see Ortiz, 90 NY2d at 537; People v Jackson, 78 AD3d 1685, 1685-1686 [2010], lv denied 16 NY3d 743 [2011]). Here, the showup identification procedure was reasonable because it was conducted at the scene of the crime, within 95 minutes of the commission of the crime and in the course of a “continuous, ongoing investigation” (Brisco, 99 NY2d at 597; see People v Santiago, 83 AD3d 1471 [2011], lv denied 17 NY3d 800 [2011]; People v Boyd, 272 AD2d 898, 899 [2000], lv denied 95 NY2d 850 [2000]). Further, a showup identification procedure is not improper “merely because the police already have probable cause to detain a suspect” (People v Davis, 232 AD2d 154, 154 [1996], lv denied 89 NY2d 941 [1997], lv denied 89 NY2d 1091 [1997]). Contrary to defendant’s further contention, the sentence is not unduly harsh or severe.

In his pro se supplemental brief, defendant contends that he was denied effective assistance of counsel because his attorney also represented defendant’s two accomplices and thus had an inherent conflict of interest. We reject that contention. The successive or joint representation of multiple defendants is “not per se violative of one’s constitutional right to the effective assistance of counsel” (People v Macerola, 47 NY2d 257, 262 [1979]; see People v Gonzalez, 30 NY2d 28, 34 [1972], cert denied 409 US 859 [1972]). While we agree with defendant that both defense counsel and the prosecutor had a duty to recognize a potential conflict of interest, defendant was required to show “that the conduct of his defense was in fact affected by the operation of the conflict of interest, or that the conflict operated on defense counsel’s representation” (People v Weeks, 15 AD3d 845, 847 [2005], lv denied 4 NY3d 892 [2005] [internal quotation marks omitted]). Here, defendant failed to make such a showing in his pro se supplemental brief, and we therefore conclude that he has not met his burden of demonstrating that he was denied the right to effective assistance of counsel under the Federal or State Constitutions (see People v Harris, 99 NY2d 202, 210 [2002]; Weeks, 15 AD3d at 847-848; cf. People v Ortiz, 76 NY2d 652, 657-658 [1990]). Finally, we note that this case[*1099] involved successive representations of codefendants, not multiple simultaneous representations of codefendants, and we thus reject defendant’s further contention in his pro se supplemental brief that the court was required to conduct a Gomberg inquiry (see People v Jordan, 83 NY2d 785, 787-788 [1994]; People v Gomberg, 38 NY2d 307, 313-314 [1975]). Present — Scudder, P.J., Smith, Fahey, Garni and Sconiers, JJ.