PEOPLE v. MARTINEZ (1999)

Judgment, Supreme Court, Bronx County (Martin Marcus, J., at suppression hearing;  John Stackhouse, J., at jury trial and sentence), rendered April 2, 1996, convicting defendant of robbery in the first degree and burglary in the first degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 25 years to life, unanimously affirmed.

 We find that the procedure in which defendant and the other participants were directed to sit, and then to stand, constituted one lineup, of which defendant received sufficient notice pursuant to CPL 710.30(1)(b) (see, People v. Lopez, 84 N.Y.2d 425, 618 N.Y.S.2d 879, 643 N.E.2d 501).

 Although defendant was absent from the court's preliminary discussion of Sandoval issues, since the court essentially held a de novo hearing in his presence and since he had the opportunity to object on the record prior to the final Sandoval ruling, he was not deprived of the opportunity to provide meaningful input (People v. Roman, 88 N.Y.2d 18, 29, 643 N.Y.S.2d 10, 665 N.E.2d 1050;  People v. Yhel, 215 A.D.2d 793, 627 N.Y.S.2d 958, lv. denied 86 N.Y.2d 805, 632 N.Y.S.2d 519, 656 N.E.2d 618).

MEMORANDUM DECISION.