PEOPLE v. TORRES


210 A.D.2d 875 (1994)

621 N.Y.S.2d 1012

The People of the State of New York, Respondent, v. Juan Torres, Appellant

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

December 23, 1994


Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that the evidence of the showup identification should have been suppressed. Defendant was identified by the victim as similar in height to and wearing the same clothing as the masked perpetrator of a robbery within 15 minutes of the commission of that crime and one-quarter mile from the crime scene. Although defendant was handcuffed when identified, given the proximity of the...

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