Appellate Division of the Supreme Court of New York, 2011

In re Angel W.

In re Angel W.
Appellate Division of the Supreme Court of New York · Decided March 15, 2011
82 A.D.3d 523; 918 N.Y.2d 454
In re Angel W.

Opinion of the Court

The court properly denied appellant’s motion to suppress identification testimony. The record unequivocally establishes that the victim initially identified appellant at a prompt, on-the-scene showup. Later that night, the victim accidentally viewed appellant at the precinct. This was not a police-arranged identification procedure (see People v Cannon, 13 AD3d 159, 160 [2004], lv denied 4 NY3d 762 [2005]). Moreover, since the victim had just made a reliable identification at the scene of the crime, the second viewing was essentially confirmatory, and it was unlikely to have created a risk of misidentification (see People v Gilbert, 295 AD2d 275 [2002], lv denied 99 NY2d 558 [2002]). Furthermore, the hearing evidence demonstrated that the victim had an independent source for his identification of appellant. Concur — Mazzarelli, J.P., Sweeny, DeGrasse, Freedman and Abdus-Salaam, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.