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PEOPLE v. RIVERA

30 A.D.2d 692 (1968)

The People of the State of New York, Respondent, v. Louis Rivera, Appellant

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

June 17, 1968

Judgment affirmed.

A claimed violation of due process in the conduct of a pretrial confrontation, for identification purposes, must depend upon "the totality of the circumstances surrounding it" (Stovall v. Denno, 388 U.S. 293, 302). Under the circumstances of this case, we conclude that the use of a "show-up" (having the witness secretly view only the very suspect whom the police have taken into custody for the crime) was not...

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