PEOPLE v. LANDAVERDE


121 A.D.2d 565 (1986)

The People of the State of New York, Respondent, v. Mauricio Landaverde, Appellant

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

June 16, 1986


Judgment affirmed.

That branch of the defendant's omnibus motion which sought to suppress identification testimony was properly denied since the complainant pointed out the fleeing defendant to police officers as one of the men who had just robbed and assaulted him with a gun. That spontaneous identification of the defendant and his pursuit by an officer who never lost sight of him obviated any risk of a mistaken identification (see, People v Simmons

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