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PEOPLE v. PHILLIPS

234 A.D.2d 57 (1996)

651 N.Y.S.2d 28

The People of the State of New York, Respondent, v. Julian Phillips, Appellant

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

December 5, 1996

We reject defendant's contention that the court should have suppressed the identification testimony of a witness who saw defendant in custody outside of the police station shortly after the crime, since the hearing testimony established that the identification was not police arranged, the product of any police misconduct, or unduly suggestive under the circumstances (see, People v Clark, 85 N.Y.2d 886; People v Buie

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