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PEOPLE v. FACEY

261 A.D.2d 207 (1999)

690 N.Y.S.2d 51

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW FACEY, Appellant.

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

Decided May 13, 1999.

Defendant's motion to suppress identification testimony was properly denied. The victim's prompt identification of defendant at a subway station close in both space and time to the robbery situs was not rendered unduly suggestive by the circumstance that police officers merely asked the witness if he recognized defendant (see, People v Duuvon, 77 N.Y.2d 541; People v Davis, 256 A.D.2d 49

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