The court properly denied defendant's motion to suppress identification testimony. The identifying witness led the police into a basement in search of an intruder, and the police arrested defendant in the witness's presence. Even assuming that the witness's viewing of defendant in custody moments later could be considered a showup, this prompt, on-the-scene procedure was entirely permissible (see e.g. People v Gatling,
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PEOPLE v. BURWELL
56 A.D.3d 304 (2008)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE BURWELL, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
November 6, 2008.
November 6, 2008.
Appellate Division of the Supreme Court of the State of New York, First Department.
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