PEOPLE v. SMITH


203 A.D.2d 396 (1994)

610 N.Y.S.2d 81

The People of the State of New York, Respondent, v. Richard Smith, Appellant

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

April 11, 1994


Ordered that the judgment is affirmed.

The defendant and his codefendant were apprehended about a block away from the crime scene, within 5 to 10 minutes from the time one of the two arresting officers heard the sound of broken glass and observed them escaping from the window of the complainant's house. Under these circumstances, the use of a showup identification was proper (see, People v Duuvon, 77 N.Y.2d 541, 544...

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