Opinion
Argued May 20, 1999
June 21, 1999
Appeal by the defendant from a judgment of the County Court, Nassau County (Cotter, J.), rendered January 9, 1998, convicting him of robbery in the first degree and robbery in the second degree, upon jury verdict, and imposing sentence. The appeal brings up for review, the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress identification testimony and physical evidence.
Marianne T. Byrne, Brooklyn, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Karen Wigle Weiss and Noreen Healey of counsel), for respondent.
SONDRA MILLER, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contentions, his initial stop and detention by the arresting officer was justified, based upon reasonable suspicion that the defendant had committed a recently reported robbery ( see, People v. Sharpe, 259 A.D.2d 639 [2d Dept., Mar. 15, 1999]; People v. Private, 259 A.D.2d 504 [2d Dept., Mar. 1, 1999]). Thereafter, when the victim identified the defendant as one of the robbers at a showup, which was close in time and place to the crime ( see, People v. Duuvon, 77 N.Y.2d 541; People v. Love, 57 N.Y.2d 1023; People v. Williams, 258 A.D.2d 543 [2d Dept., Feb. 8, 1999]; People v. Hernandez, 250 A.D.2d 704), the police had probable cause to arrest him ( see, People v. Martinez, 80 N.Y.2d 444; People v. Alio, 255 A.D.2d 448 [2d Dept., Nov. 16, 1998]; People v. Bryant, 246 A.D.2d 662). Accordingly, the court properly denied suppression of the physical evidence in question.
The defendant's remaining contentions are without merit.