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PEOPLE v. O'NEIL

62 A.D.3d 727 (2009)

880 N.Y.S.2d 90

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH O'NEIL, Appellant.

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

Decided May 5, 2009.

Ordered that the judgment is affirmed.

The defendant improperly relies on testimony elicited at trial in support of his contention that the showup procedure at issue here was unduly suggestive. A suppression determination must be based on the evidence before the hearing court, and this Court is precluded from reviewing trial testimony in determining whether the hearing court acted properly (see People v South, 47 A.D.3d 734

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