Opinion
December 12, 1988
Appeal from the County Court, Westchester County (King, J.).
Ordered that the judgment is affirmed.
We find that the County Court correctly denied the defendant's motion to dismiss the indictment (see, CPL 190.50; 210.20 [1]) as the motion was untimely. The defendant had more than ample opportunity to express to the court his desire to testify before the Grand Jury. Nevertheless, he failed to do so until numerous other motions had been made and the defendant had declared himself ready for trial.
We also note that the showup identification at the scene of the crime approximately one-half hour after the perpetration of the crime was not unduly suggestive. "[P]rompt on-the-scene showups are generally held to be proper because, based on fresh recollections of recent events, they insure reliable identifications of perpetrators and the prompt release of innocent suspects" (People v Soto, 87 A.D.2d 618, 619; see also, People v Love, 57 N.Y.2d 1023; People v Domond, 123 A.D.2d 880, lv denied 69 N.Y.2d 745) and is consistent with proper police work (see, People v Lewis, 123 A.D.2d 716, lv denied 69 N.Y.2d 830).
We have considered the defendant's remaining contentions and find them to be without merit. Mollen, P.J., Eiber, Kooper and Harwood, JJ., concur.