Majority
p. 273The People of the State of New York, Respondent, v Jose DeLarosa, True Name Jose DeLa Rosa, Appellant. [644 NYS2d 34]
Accepting the hearing court’s findings of credibility (see, People v Prochilo, 41 NY2d 759 , 761), defendant has failed to carry his burden of demonstrating (see, People v Chipp, 75 NY2d 327 , 335, cert denied 498 US 833 ) that the first officer’s stationhouse identification of him, while he was unrestrained and not at that point a suspect, was somehow prompted or other than inadvertent, and therefore suppressible as a suggestive police identification procedure (see, People v Acosta, 181 AD2d 577 , lv denied 79 NY2d 1045 ; People v Sanders, 176 AD2d 477 , lv denied 79 NY2d 831 ). In any event, the subsequent
p. 274
lineup identification by another officer was valid regardless of the validity of the first identification (People v Washington, 160 AD2d 205 , lv denied 76 NY2d 798 , 992), and there was ample independent source for the in-court identifications by both officers. We have considered defendant’s other claims and find them to be without merit. Concur—Rosenberger, J. P., Wallach, Nardelli and Tom, JJ.
Cases cited
- People v. Chipp 75 NY2d 327 at 335 p. 273
- People v. Sanders 176 AD2d 477 p. 273