| People v Gordon |
| 2010 NY Slip Op 05417 [74 AD3d 1090] |
| June 15, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Derrick Gordon, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'HaraGillespie of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.),rendered December 10, 2007, convicting him of robbery in the first degree, upon a jury verdict,and imposing sentence. The appeal brings up for review the denial, after a hearing, of thosebranches of the defendant's omnibus motion which were to suppress his statements to lawenforcement officials and identification testimony.
Ordered that the judgment is affirmed.
The defendant's contention that his confession to the police was involuntary on the groundthat it was induced by trickery is without merit, since there was no indication "that the deceptionwas so fundamentally unfair as to deny due process . . . or that a promise or threatwas made that could induce a false confession" (People v Tarsia, 50 NY2d 1, 11 [1980];see People v Pereira, 26 NY2d 265, 269 [1970]; People v McQueen, 18 NY2d337, 346 [1966]; People v Stokes, 233 AD2d 194 [1996]; People v Ingram, 208AD2d 561 [1994]; People v Jordan, 193 AD2d 890, 892 [1993]; People v Foster,193 AD2d 692, 693 [1993]). Further, the lineup identification was not unduly suggestive (seePeople v Chipp, 75 NY2d 327, 336 [1990], cert denied 498 US 833 [1990]; People v Villacreses, 12 AD3d624, 625 [2004]; People v Pointer, 253 AD2d 500 [1998]). Fisher, J.P., Lott, Austinand Sgroi, JJ., concur.