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PEOPLE v. ROSS

288 A.D.2d 138 (2001)

733 N.Y.S.2d 177

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY ROSS, Appellant.

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

Decided November 27, 2001.

Defendant's motion to suppress the showup, lineup and in-court identifications was properly denied. The showup was conducted in close spatial and temporal proximity to the crime and was not conducted in an unduly suggestive manner (see, People v Ortiz, 90 N.Y.2d 533, 537). Furthermore, there was nothing suggestive about the lineups. Defendant's challenge to the spontaneous in-court identification by a witness who had not been involved...

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