PEOPLE v. SANTIAGO


235 A.D.2d 229 (1997)

652 N.Y.S.2d 21

The People of the State of New York, Respondent, v. Francisco Santiago, Appellant

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

January 9, 1997


Defendant's motion to suppress identification testimony was properly denied. Defendant argues, for the first time on appeal, that the prompt on-the-scene showup should have been suppressed because the independent existence of probable cause to arrest eliminated the "necessity" for an immediate identification. This argument was rejected by the Court of Appeals in People v Duuvon (77 N.Y.2d 541, 545). We find that the showup was justified...

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