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PEOPLE v. GOMEZ

60 A.D.3d 782 (2009)

874 N.Y.S.2d 584

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUGO GOMEZ, Appellant.

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

Decided March 10, 2009.

Ordered that the judgment is affirmed.

Police-arranged identifications, confrontations between a witness and a defendant which have come about at the deliberate direction of the police for the distinct purpose of identifying the perpetrator, implicate due process concerns (see People v Dixon, 85 N.Y.2d 218, 223 [1995]). Accidental showups, on the other hand, which result "from mere happenstance, such as where a witness is...

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