PEOPLE v. DIGIOSAFFATTE


63 A.D.2d 703 (1978)

The People of the State of New York, Appellant, v. Anthony Digiosaffatte and Michael Puma, Respondents

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

May 15, 1978


Order reversed, on the law and the facts, motion denied, and case remanded to Criminal Term for further proceedings consistent herewith.

The Criminal Term based its order of suppression on its finding that the showup here was devoid of exigent circumstances to justify its use and was not a prompt on-the-scene showup, having taken place at least an hour and a half after the alleged occurrence. It also found that the showup was both impermissibly suggestive and conducive...

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