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People v. Holder

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1991
178 A.D.2d 436 (N.Y. App. Div. 1991)

Opinion

December 2, 1991

Appeal from the Supreme Court, Kings County (Jackson, J.).


Ordered that the judgment is affirmed.

The hearing court properly concluded that the showup identification procedure used in this case was not unduly suggestive. Although showup procedures are generally regarded as less than ideal (see, People v Riley, 70 N.Y.2d 523, 529), where, as here, they are conducted in close spatial and temporal proximity to the commission of the crime, and for the purpose of assuring that the right person was arrested, they are permissible (see, People v Duuvon, 77 N.Y.2d 541, 545; see also, People v Hicks, 68 N.Y.2d 234, 242; People v Love, 57 N.Y.2d 1023). Upon a consideration of the circumstances involved it is evident that the procedure employed in this case was not unduly suggestive (see, People v Duuvon, supra, at 543). In any event, we find that the witness's observations of the defendant during the commission of the crime provided a sufficient independent basis for his in-court identification (see, People v Adams, 53 N.Y.2d 241, 252; People v Ballott, 20 N.Y.2d 600, 606). Kunzeman, J.P., Eiber, Miller and Ritter, JJ., concur.


Summaries of

People v. Holder

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1991
178 A.D.2d 436 (N.Y. App. Div. 1991)
Case details for

People v. Holder

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAWSHONA HOLDER…

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

Date published: Dec 2, 1991

Citations

178 A.D.2d 436 (N.Y. App. Div. 1991)

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