PEOPLE v. HERNANDEZ

1254/97.

159 A.D.3d 580 (2018)

70 N.Y.S.3d 46

2018 NY Slip Op 02023

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON HERNANDEZ, Appellant.

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

Decided March 22, 2018.


The court properly denied defendant's motion to suppress a showup identification by an undercover officer. Although 11 days had elapsed from the time of the drug sale until the undercover officer fortuitously recognized defendant on the street, the showup occurred five minutes after the officer's spontaneous identification. Accordingly, the showup was essentially confirmatory, and in any event could not have created a substantial likelihood of irreparable misidentification...

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