PEOPLE v. LUIS


289 A.D.2d 258 (2001)

734 N.Y.S.2d 474

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

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

Decided December 3, 2001.


Ordered that the judgment is affirmed.

The Supreme Court denied that branch of the defendant's omnibus motion which was to suppress identification testimony, finding that the defendant consented to accompany the police for the showup. We decline to disturb that determination, which was based upon an assessment of the credibility of the only witness at the suppression hearing (see, People v Ellerbe,

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