People v. Everett — 147 A.D.2d 896

Majority

p. 896

The People of the State of New York, Respondent, v Johnny Everett, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant’s sole claim on appeal is

p. 897

that the showup conducted by the police was impermissibly suggestive and denied him due process of law. We disagree. A showup which occurs shortly after a crime and near the crime scene is an acceptable means of securing identification of a suspect (People v Brnja, 50 NY2d 366 ). A showup is also tolerable in the interest of prompt identification while witnesses’ memories are fresh (see, People v Riley, 70 NY2d 523 ; People v Love, 57 NY2d 1023 , 1024). (Appeal from judgment of Monroe County Court, Maas, J. — grand larceny, third degree.) Present — Dillon, P. J., Doerr, Green, Pine and Davis, JJ.

Cases cited

People v. Brnja 50 NY2d 366 N.Y. 1980-06-03 p. 897
People v. Riley 70 NY2d 523 N.Y. 1987-11-25 p. 897
People v. Love 57 NY2d 1023 N.Y. 1982-11-11 at 1024 p. 897