Majority
p. 267The People of the State of New York, Respondent, v John Lewis, Appellant. [737 NYS2d 283]
—Judgment, Supreme Court, New York County (John Cataldo, J., at hearing; Ronald Zweibel, J., at plea and sentence), rendered November 9, 2000, convicting defendant of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.
Defendant’s suppression motion was properly denied. The show-up conducted within 30 minutes and two blocks of the crime was justified in the interest of obtaining a prompt identification (see, People v Love, 57 NY2d 1023 ), regardless of whether or not the police already had probable cause (People v Duuvon, 77 NY2d 541 , 545). Furthermore, the show-up was not conducted in an unduly suggestive manner (see, People v
p. 268
Smith, 271 AD2d 332 , lv denied 95 NY2d 871 ). Concur— Nardelli, J.P., Tom, Andrias and Buckley, JJ.
Cases cited
- People v. Love 57 NY2d 1023 p. 267
- People v. Duuvon 77 NY2d 541 at 545 p. 267
- People v. Smith 271 AD2d 332 p. 268