PEOPLE v. YEARWOOD


197 A.D.2d 554 (1993)

602 N.Y.S.2d 206

The People of the State of New York, Respondent, v. Gilbert Yearwood, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 4, 1993


Ordered that the judgment is affirmed.

The defendant contends that the showup, which was held approximately 35 minutes after the robbery and approximately 2 miles from the location of the crime, was unduly suggestive. Given the spatial and temporal proximity between the identification and the crime and subsequent arrest, we conclude that the showup was within the permissible bounds of the governing legal principles and devoid of any undue suggestiveness (see

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