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People v. Yearwood

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1993
197 A.D.2d 554 (N.Y. App. Div. 1993)

Opinion

October 4, 1993

Appeal from the Supreme Court, Kings County (Patterson, J.).


Ordered that the judgment is affirmed.

The defendant contends that the showup, which was held approximately 35 minutes after the robbery and approximately 2 miles from the location of the crime, was unduly suggestive. Given the spatial and temporal proximity between the identification and the crime and subsequent arrest, we conclude that the showup was within the permissible bounds of the governing legal principles and devoid of any undue suggestiveness (see, People v. Duuvon, 77 N.Y.2d 541, 544; People v. Williams, 150 A.D.2d 821; People v. Nimmons, 123 A.D.2d 648).

The defendant's remaining contentions are unpreserved for appellate review or without merit. Thompson, J.P., Miller, Santucci and Joy, JJ., concur.


Summaries of

People v. Yearwood

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1993
197 A.D.2d 554 (N.Y. App. Div. 1993)
Case details for

People v. Yearwood

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GILBERT YEARWOOD…

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

Date published: Oct 4, 1993

Citations

197 A.D.2d 554 (N.Y. App. Div. 1993)
602 N.Y.S.2d 206

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