Opinion
Argued February 3, 2000.
April 26, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered April 30, 1998, convicting him of assault in the second degree and aggravated harassment in the second degree, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.
Alan S. Futerfas, New York N.Y. (Ellen B. Resnick of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jane S. Meyers of counsel), for respondent.
MYRIAM J. ALTMAN, J.P., WILLIAM D. FRIEDMANN, GABRIEL M. KRAUSMAN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The branch of the defendant's omnibus motion which was to suppress testimony of the separate showup identifications of him by the complainant and another was properly denied. Pretrial showup identification procedures are permissible where the suspects are found at or near the crime scene and can be viewed by the witness immediately (see, People v. Riley, 70 N.Y.2d 523 ; People v. Duuvon, 77 N.Y.2d 541 ; People v. Matthews, 257 A.D.2d 635 ), or where exigent circumstances require it (see, People v. Rivera, 22 N.Y.2d 453, cert denied 395 U.S. 964). At bar, the showup procedures were conducted in close temporal and geographic proximity to the scene of the crime (see, People v. Williams, 254 A.D.2d 379 ).
The sentence imposed upon the defendant was not excessive (see,People v. Suitte, 90 A.D.2d 80 )
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
ALTMAN, J.P., FRIEDMANN, KRAUSMAN, and FEUERSTEIN, JJ., concur.