People v. Miller — 217 A.D.2d 639

Majority

p. 639

The People of the State of New York, Respondent, v Shawn Miller, Appellant.

[630 NYS2d 237]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered March 3, 1992, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a

p. 640

hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

The defendant argues that a showup, which took place in close temporal and spatial proximity to the robbery, was unduly suggestive. We disagree (see, People v Johnson, 81 NY2d 828 ; People v Holley, 205 AD2d 638 ; People v Mitchell, 185 AD2d 249 ). Given the totality of circumstances in this case, the arresting officer’s questioning of the victim at a showup regarding the identity of his assailant was not improper (see, People v Duuvon, 77 NY2d 541 ; People v Lawhorn, 199 AD2d 123 ). Bracken, J. P., Joy, Friedmann and Krausman, JJ., concur.

Cases cited

People v. Johnson 81 NY2d 828 N.Y. 1993-02-25 p. 640
People v. Mitchell 185 AD2d 249 N.Y. App. Div. 1992-07-06 p. 640
People v. Duuvon 77 NY2d 541 N.Y. 1991-04-02 p. 640
People v. Lawhorn 199 AD2d 123 N.Y. App. Div. 1993-12-16 p. 640