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PEOPLE v. RUMPH

248 A.D.2d 142 (1998)

670 N.Y.S.2d 68

The People of the State of New York, Respondent, v. Curtis Rumph, Appellant

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

March 5, 1998

Defendant's motion to suppress identification testimony was properly denied without a hearing. The court had sufficient information before it to conclude, as a matter of law (see, People v Omaro, 201 A.D.2d 324), that the identification procedure was witness-initiated and was not subject to police suggestiveness where the victim stated that she saw defendant on the street two days after the robbery, called the police, and...

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