PEOPLE v. MARTINEZ


267 A.D.2d 101 (1999)

700 N.Y.S.2d 434

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH MARTINEZ, Appellant.

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

Decided December 14, 1999.


The court properly denied suppression of identification testimony. Assuming, without deciding, that the transportation of the complainant to an area very near an intersection where the investigating officers hoped defendant would be located, providing the complainant with an opportunity to make an identification, was a police-arranged procedure, we conclude that the ensuing spontaneous encounter with defendant was not a showup and was not unduly suggestive (see, People...

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