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People v. James

192 A.D.2d 496 Court N.Y. App. Div. Decision date 1993-04-29 English

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p. 496
The People of the State of New York, Respondent, v Phillip James, Appellant.
[597 NYS2d 300]

—Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered September 27, 1991, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of 5 to 10 years, unanimously affirmed.

p. 497
The show-up identification, obtained 20 minutes after the incident and within 5 or 6 blocks of the subway site of the crime, was not unduly suggestive (People v Love, 57 NY2d 1023 ; People v Muhammad, 159 AD2d 266 , lv denied 76 NY2d 740 ). Show-up identifications, proximate in time and place to the crime, are deemed trustworthy because the memory of the identifying witness is fresh (People v Logan, 25 NY2d 184 , 194, cert denied 396 US 1020 ). Concur — Rosenberger, J. P., Ellerin, Asch and Rubin, JJ.

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