TaiLexi AI U.S. Case Law

People v. Cobenais

The People of the State of New York v. Albert Cobenais

People v. Cobenais, 354 N.E.2d 847 (N.Y. 1976)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
New York Court of Appeals · State Highest Courts
Decided
July 1, 1976
Citations
354 N.E.2d 84739 N.Y.2d 968387 N.Y.S.2d 1071976 N.Y. LEXIS 2912
Cited by 17 1 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Memorandum. The order of the Appellate Division should be affirmed.

Although the hospital showup was suppressed because it was impermissibly suggestive, the close and detailed observations of the defendant separately made during the course of the attacks by each of the two victims of the assaults were sufficient to provide independent bases for the subsequent in-court identifications (People v Ballott, 20 NY2d 600, 606-607 ; cf. Neil v Biggers, 409 US 188, 199-201 ).

It was also proper for the Trial Judge to deny defendant’s motion to sever the counts relating to the assault on one victim from those relating to the assault on the other. The circumstances surrounding the commission of the two crimes indicate striking similarities in their methods of execution as well as in the nature of the weapons employed, and each took place within a time span consistent with the defendant’s presence in the area where both were committed. Accordingly, there is no reason why the exercise of discretion by the trial court, affirmed as it has been by the Appellate Division, should be disturbed (People v Hetherington, 27 NY2d 242, 246 ; People v Peterson, 42 AD2d 937 , affd 35 NY2d 659 ).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed in a memorandum.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 17 cases

View all citing references →
1976: 11977: 21978: 21979: 11981: 31982: 11983: 11984: 11985: 42004: 119762026peak 1985 · 4

Relies on it most ⓘ

  1. Alejandro v. Scully529 F. Supp. 650 (S.D.N.Y. 1982)
  2. People v. Delgado124 Misc. 2d 1040 (N.Y. Sup. Ct. 1984)
  3. People v. Adams423 N.E.2d 379 (N.Y. 1981)
  4. People v. Sanders108 A.D.2d 316 (1985)
  5. People v. Ramos366 N.E.2d 76 (N.Y. 1977)
  6. People v. Richardson9 A.D.3d 783 (2004)

Most recent

  1. People v. Richardson9 A.D.3d 783 (2004)
  2. People v. Moya115 A.D.2d 769 (1985)
  3. People v. Price111 A.D.2d 568 (1985)
  4. People v. Sanders108 A.D.2d 316 (1985)
  5. People v. Camacho110 A.D.2d 844 (1985)
  6. People v. Delgado124 Misc. 2d 1040 (N.Y. Sup. Ct. 1984)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Neil v. Biggers, 409 U.S. 188 (1972) 6,222
People v. Ballott, 233 N.E.2d 103 (N.Y. 1967) 191
People v. Hetherington, 265 N.E.2d 530 (N.Y. 1970) 30
People v. Peterson, 318 N.E.2d 796 (N.Y. 1974) 8
People v. Peterson, 42 A.D.2d 937 (1973) 7

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list