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PEOPLE v. RODRIGUEZ

267 A.D.2d 61 (1999)

700 N.Y.S.2d 122

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RODRIGUEZ, Appellant.

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

Decided December 9, 1999.

Defendant's motion to suppress identification testimony was properly denied. The identification procedure was reasonable under the circumstances where the complainant identified defendant at a showup two hours after the robbery, but only minutes after defendant was apprehended, in close proximity to the crime scene (see, People v McBride, 242 A.D.2d 482, lv denied 91 N.Y.2d 876). We find that the circumstances of the showup...

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