Opinion
January 11, 1994
Appeal from the Supreme Court, New York County (Martin Rettinger, J.).
Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference, defendants' guilt was established beyond a reasonable doubt. (People v. Contes, 60 N.Y.2d 620, 621.) In addition, the proof of defendants' guilt was overwhelming. Police, responding to a "911" call of a burglary in progress around midnight at a midtown Gap store, arrived to see defendants running from the store. They followed defendants and properly detained them based on their reasonable suspicion that defendants were involved in criminal activity (People v. De Bour, 40 N.Y.2d 210, 223). Moments after defendants were detained a block from the store, a Gap employee was brought to that location for a showup identification. The showup occurred near the scene of the crime and shortly after it. The police asked the victim to "look at somebody to determine whether or not [they] were involved with what happened". The showup was not unduly suggestive (People v. Duuvon, 77 N.Y.2d 541, 544). The victim identified defendant White and recognized the clothing worn by defendant Smith.
We have considered defendants' remaining claims and find them to be without merit.
Concur — Ellerin, J.P., Asch, Rubin and Nardelli, JJ.