PEOPLE v. LEWIS


306 A.D.2d 931 (2003)

762 N.Y.S.2d 325

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID T. LEWIS, Appellant.

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

Decided June 13, 2003.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

County Court properly denied defendant's motion seeking to suppress the showup identification by the victim. We reject the contention of defendant that, because the police had probable cause to arrest him on other charges and were not going to release him, the showup was unnecessary and thus impermissible. We conclude that, because the showup...

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