PEOPLE v. CULBERTSON

2007-942 S CR.

2008 NY Slip Op 51435 (U)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DONALD F. CULBERTSON, Respondent.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 2, 2008.


Upon defendant's motion, a hearing was held to determine whether evidence of a showup identification at the arrest scene and defendant's inculpatory statements, made shortly after he was arrested, should be suppressed. The court, in error, suppressed the evidence of the showup identification on the sole ground that such identifications are inherently overly suggestive (cf. People v. Brisco, 99 N.Y.2d 596, 597 [2003]; People v...

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