PEOPLE v. BRISCO


292 A.D.2d 626 (2002)

741 N.Y.S.2d 50

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK BRISCO, Appellant.

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

Decided March 25, 2002.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the showup identification was proper. The defendant was not handcuffed at the time of the showup, and there is no indication that the police told the complainant that a suspect was in custody before her identification. Moreover, the complainant, who was inside the house at the time, was only asked if she recognized anyone standing outside. Finally, the showup was conducted in close temporal...

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