Majority
p. 496The 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.
Cases cited
- People v. Love 57 NY2d 1023 p. 497
- People v. Logan 25 NY2d 184 at 194 p. 497