PEOPLE v. GONZALEZ


57 A.D.3d 560 (2008)

868 N.Y.S.2d 302

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO GONZALEZ, Appellant.

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

December 2, 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 a witness to the assault 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...

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