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PEOPLE v. SMITH

242 A.D.2d 483 (1997)

662 N.Y.S.2d 474

The People of the State of New York, Respondent, v. Steven Smith, Appellant

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

September 23, 1997

Defendant's motion to suppress identification testimony was properly denied. The prompt, on-the-scene, showup was not unduly suggestive and was not rendered improper by the independent existence of probable cause to arrest (People v Duuvon, 77 N.Y.2d 541).

The evidence was legally sufficient to establish defendant's guilt of robbery in the second degree beyond a reasonable doubt...

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