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PEOPLE v. ERVIN

2012-04347, Ind. No. 870/11.

118 A.D.3d 910 (2014)

987 N.Y.S.2d 454

2014 NY Slip Op 4513

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WELDON J. ERVIN, Appellant.

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

Decided June 18, 2014.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court properly denied the suppression of the showup identifications made by two witnesses near the scene of the crime. Showup identifications are permissible, even in the absence of exigent circumstances, where they are conducted in close geographic and temporal proximity to the crime, and the procedure used was not unduly suggestive...

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