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PEOPLE v. ANDREWS

255 A.D.2d 328 (1998)

681 N.Y.S.2d 286

The People of the State of New York, Respondent, v. David Andrews, Appellant

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

November 2, 1998

Ordered that the judgment is affirmed.

The defendant contends that the time lapse between the crime and the showup was excessive, and that the showup identification should therefore have been suppressed. He did not, however, raise that point before the hearing court and therefore the argument is unpreserved for appellate review. In any event, exigent circumstances justified the showup.

At the pretrial hearing, the...

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