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People v. Green

Appellate Division of the Supreme Court of New York, First Department
Dec 8, 1998
256 A.D.2d 85 (N.Y. App. Div. 1998)

Summary

rejecting challenge to showup identification procedure where "defendant was handcuffed and in the presence of police officers" even assuming "police had made the complainant aware that he was being asked to view suspects arrested in the getaway car for which the complainant had provided a license plate number only minutes previously" because "the complainant would have expected such a circumstance on the basis of his own common sense"

Summary of this case from People v. Ward

Opinion

December 8, 1998

Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).


Defendant's motion to suppress identification testimony was properly denied. The showup was justified by its close temporal and spatial proximity to the crime and the desirability of obtaining a prompt and reliable identification ( People v. Davis, 232 A.D.2d 154, lv denied 89 N.Y.2d 941). The circumstances that defendant was handcuffed and in the presence of police officers did not render the identification unduly suggestive ( People v. Anthony, 249 A.D.2d 102, lv denied 92 N.Y.2d 878). Furthermore, even assuming that the police had made the complainant aware that he was being asked to view suspects arrested in the getaway car for which the complainant had provided a license plate number only minutes previously, this would not have tainted the identification because the complainant would have expected such a circumstance on the basis of his own common sense ( People v. Stafford, 215 A.D.2d 212, lv denied 86 N.Y.2d 784; see also, People v. Rodriguez, 64 N.Y.2d 738, 740-741).

Concur — Sullivan, J. P., Rosenberger, Wallach and Mazzarelli, JJ.


Summaries of

People v. Green

Appellate Division of the Supreme Court of New York, First Department
Dec 8, 1998
256 A.D.2d 85 (N.Y. App. Div. 1998)

rejecting challenge to showup identification procedure where "defendant was handcuffed and in the presence of police officers" even assuming "police had made the complainant aware that he was being asked to view suspects arrested in the getaway car for which the complainant had provided a license plate number only minutes previously" because "the complainant would have expected such a circumstance on the basis of his own common sense"

Summary of this case from People v. Ward
Case details for

People v. Green

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMON GREEN, Appellant

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

Date published: Dec 8, 1998

Citations

256 A.D.2d 85 (N.Y. App. Div. 1998)
682 N.Y.S.2d 34

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