PEOPLE v. PRESLEY


231 A.D.2d 847 (1996)

648 N.Y.S.2d 64

The People of the State of New York, Respondent, v. Trellis Presley, Appellant

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

September 27, 1996


Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that the showup identification should have been suppressed. Defendant was identified by an eyewitness within 15 minutes of the commission of the crime and very near to the crime scene. Although the police officer may have informed the eyewitness prior to the showup that defendant fit the description given by him and defendant was handcuffed at the showup, the proximity of the...

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