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PEOPLE v. CAPEL

212 A.D.2d 415 (1995)

622 N.Y.S.2d 689

The People of the State of New York, Respondent, v. Benjamin Capel, Appellant

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

February 14, 1995

Defendant's motion to suppress identification testimony was properly denied. When defendant unexpectedly appeared, and was spontaneously identified, in an apartment where the police and complainant had gone in search of the codefendant, there was no police-arranged confrontation (People v Duuvon, 77 N.Y.2d 541, 546), and when the complainant immediately reconfirmed the identification in the hallway outside the apartment, this was...

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