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PEOPLE v. RANDOLPH

232 A.D.2d 327 (1996)

649 N.Y.S.2d 411

The People of the State of New York, Respondent, v. Mark Randolph, Appellant

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

October 31, 1996

The showup, conducted within 15 minutes of the robbery and within one minute of the complainant's spontaneous pointing out of defendant, was an acceptable identification procedure, and there is no evidence that the police conduct was suggestive (see, People v Pena, 192 A.D.2d 728, 729, lv denied 81 N.Y.2d 1078).

The trial court properly held, after a hearing, that the police interview of the complainant at the...

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