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PEOPLE v. CANNON

13 A.D.3d 159 (2004)

787 N.Y.S.2d 231

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH CANNON, Appellant.

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

December 14, 2004.

The court properly denied defendant's motion to suppress identification testimony. The record supports the hearing court's finding that the victim's accidental viewing of defendant in custody was not a police-arranged identification procedure (see People v Clark, 85 N.Y.2d 886, 888-889 [1995]; People v Powell, 269 A.D.2d 178 [2000], lv denied 94 N.Y.2d 951 [2000]; People v Bellinger...

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