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PEOPLE v. ROSA

294 A.D.2d 159 (2002)

743 N.Y.S.2d 400

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

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

Decided May 9, 2002.

Defendant's suppression motion was properly denied. When, prior to any police contact, the victim independently recognized defendant as the person who had robbed her the previous day and pointed him out to the police, who immediately arrested him at the same location, the victim's fortuitous station house identification of defendant, which was not arranged by the police and took place only minutes later, was not an unduly suggestive...

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