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PEOPLE v. MENDOZA

293 A.D.2d 326 (2002)

739 N.Y.S.2d 822

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO MENDOZA, Appellant.

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

Decided April 11, 2002.

Defendant's motion to suppress identification testimony was properly denied. The complainant's arrival at the scene of defendant's arrest and spontaneous identification of defendant was not a police-arranged identification procedure (see, People v Clark, 85 N.Y.2d 886, 888-889; People v Dixon, 85 N.Y.2d 218, 223). In any event, even if we were to view the encounter as a showup, we would...

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