PEOPLE v. BROWN


203 A.D.2d 158 (1994)

610 N.Y.S.2d 259

The People of the State of New York, Respondent, v. Arthur Brown, Appellant

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

April 21, 1994


We find no error in the trial court's summary denial of a Wade hearing. This case involves a police show-up at the crime scene where the risk of undue police suggestion, prompting concern for due process, does not apply. Where, as here, a robbery victim recognizes his attacker during a later face-to-face encounter which is not contrived by law enforcement officials and then directs the police to him, that spontaneous recognition is neither police-arranged nor subject...

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