PEOPLE v. SIMMONS


297 A.D.2d 759 (2002)

747 N.Y.S.2d 790

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACKY SIMMONS, Appellant.

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

Decided September 23, 2002.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention on appeal, the hearing court correctly denied suppression of a showup identification by the victim. The showup was conducted in close temporal and spatial proximity to the time and place of the crime, and police conduct did not render the procedure unduly suggestive (see People v Duuvon, 77 N.Y.2d 541; People v Walls, 276...

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