PEOPLE v. BERRY


50 A.D.3d 1047 (2008)

856 N.Y.S.2d 228

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT BERRY, Appellant.

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

Decided April 22, 2008.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court properly denied that branch of his omnibus motion which was to suppress the showup identification made by the complainant near the scene of the crime. While showup procedures are generally disfavored, they are permissible, even in the absence of exigent circumstances, when they are spatially and temporally proximate to the commission of the crime and not unduly suggestive...

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