Appellate Division of the Supreme Court of New York, 1989

People v. Everett

People v. Everett
Appellate Division of the Supreme Court of New York · Decided February 3, 1989
147 A.D.2d 896; 537 N.Y.S.2d 358; 1989 N.Y. App. Div. LEXIS 1227
People v. Everett

Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant’s sole claim on appeal is *897that the showup conducted by the police was impermissibly suggestive and denied him due process of law. We disagree. A showup which occurs shortly after a crime and near the crime scene is an acceptable means of securing identification of a suspect (People v Brnja, 50 NY2d 366). A showup is also tolerable in the interest of prompt identification while witnesses’ memories are fresh (see, People v Riley, 70 NY2d 523; People v Love, 57 NY2d 1023, 1024). (Appeal from judgment of Monroe County Court, Maas, J. — grand larceny, third degree.) Present — Dillon, P. J., Doerr, Green, Pine and Davis, JJ.

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