PEOPLE v. O'SULLIVAN


258 A.D.2d 330 (1999)

686 N.Y.S.2d 2

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRENDAN O'SULLIVAN, Appellant.

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

Decided February 11, 1999.


Defendant's motion to suppress identification testimony was properly denied. The showup was reasonable in the circumstances, being conducted in close geographic and temporal proximity to the crime, and there was nothing unduly suggestive about the procedure itself. The showup was not rendered inadmissible by the fact that the police may have had independent probable cause to arrest defendant prior to the showup (People v Duuvon, 77 N.Y.2d 541

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