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People v. Plantz

Appellate Division of the Supreme Court of New York, Fourth Department
May 11, 1990
161 A.D.2d 1115 (N.Y. App. Div. 1990)

Opinion

May 11, 1990

Appeal from the Jefferson County Court, Clary, J.

Present — Dillon, P.J., Doerr, Green, Lawton and Lowery, JJ.


Judgment unanimously affirmed. Memorandum: The showup was permissible because the suspect was apprehended shortly after the report of the crime and was immediately viewed by the victim (see, People v. Love, 57 N.Y.2d 1023, 1024; People v. Everett, 147 A.D.2d 896). The fact that defendant was in police custody when the showup was conducted does not invalidate the showup (see, People v. Brnja, 50 N.Y.2d 366). The victim's identification at the showup was reliable because it was based on the suspect's distinctive clothing and physical characteristics (see, People v Johnson, 137 A.D.2d 719; People v. Meeks, 134 A.D.2d 290, lv denied 70 N.Y.2d 958; People v. Dennis, 125 A.D.2d 325, lv denied 70 N.Y.2d 645).


Summaries of

People v. Plantz

Appellate Division of the Supreme Court of New York, Fourth Department
May 11, 1990
161 A.D.2d 1115 (N.Y. App. Div. 1990)
Case details for

People v. Plantz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARSHA PLANTZ…

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

Date published: May 11, 1990

Citations

161 A.D.2d 1115 (N.Y. App. Div. 1990)
555 N.Y.S.2d 949

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