PEOPLE v. CRUZ


31 A.D.3d 660 (2006)

818 N.Y.S.2d 302

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL CRUZ, Appellant.

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

July 18, 2006.


Ordered that the judgment is affirmed.

At about 5:00 A.M. on October 5, 2003 two men robbed the complainant. The complainant gave the police a description of one of the robbers, and shortly thereafter the police stopped the defendant. The defendant was arrested after the complainant identified him following a showup procedure.

Showup procedures are permissible when, as here, they are conducted in close spatial and temporal proximity to the commission of the...

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