Opinion
Submitted November 6, 2000.
December 6, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered August 27, 1998, convicting him of robbery in the second degree, upon a jury verdict, 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.
Lynn W. L. Fahey, New York, N.Y. (DeNice Powell of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Nicole Beder of counsel; Vered Adoni on the brief), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, his detention for the purpose of a showup was based upon reasonable suspicion and was justified (see, People v. Hicks, 68 N.Y.2d 234; People v. Archibald, 269 A.D.2d 602; People v. Sharpe, 259 A.D.2d 639). The defendant's contention that the showup identification was unduly suggestive is without merit (see, People v. Duuvon, 77 N.Y.2d 541; People v. Blunt, 276 A.D.2d 495 [2d Dept., Oct. 2, 2000]).