In re Brian D.
Opinion of the Court
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County (Berman, J.), dated May 3, 1996, which, upon a fact-finding order of the same court, dated March 29, 1996, made after a hearing, finding that the appellant had committed an act which, if committed by an adult, would have constituted the crime of robbery in the second degree, adjudged him to be a juvenile delinquent and placed him with the Division for Youth for a period of up to 18 months. The appeal brings up for review the fact-finding order dated March 29, 1996, and the denial, after a hearing, of that branch of the appellant’s omnibus motion which was to suppress identification testimony.
Ordered that the order of disposition is affirmed, without costs or disbursements.
The appellant contends that the petition was legally insuf
Also unavailing is the appellant’s contention that the showup procedure was improper. Considering the complainant’s identification of the appellant not more than an .hour after the incident and within one and one-half blocks from the crime scene, the showup procedure was within acceptable boundaries (see, People v Thompson, 215 AD2d 604).
The appellant’s remaining contentions are either unpreserved for appellate review or without merit. Bracken, J. P., Copertino, Altman and Krausman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.