PEOPLE v. GUY


47 A.D.3d 643 (2008)

850 N.Y.S.2d 476

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK GUY, Appellant.

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

Decided January 8, 2008.


Ordered that the judgment is affirmed.

Minutes after an unsuccessful attempt to forcibly steal money from a store in Commack, the defendant was arrested in the nearby hamlet of Hauppauge and was brought back by the police to the scene of the crime for a showup identification, which took place approximately 51 minutes after the crime had been reported. The defendant was made to stand near the rear of a marked police vehicle, surrounded by several uniformed and plainclothes...

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