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PEOPLE v. SHERVINGTON

25 A.D.3d 628 (2006)

807 N.Y.S.2d 144

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT SHERVINGTON, Also Known as ROBE SHERVING, Appellant.

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

January 17, 2006.

Ordered that the judgment is affirmed.

The hearing court properly denied those branches of the defendant's omnibus motion which were to suppress physical evidence recovered from his possession and evidence of the showup identification made at the scene of the arrest. The police officers' initial encounter with the defendant was lawful in its inception (see People v Hollman, 79 N.Y.2d 181

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