People v. Goldston

Appeal by defendant from a judgment of the County Court, Westchester County, rendered May 14, 1976, convicting him of robbery in the first degree, criminal possession of a weapon in the second degree and petit larceny, upon a jury verdict, and imposing sentence. Judgment affirmed. We find no error in the admission of defendant-appellant’s confession, since it was made voluntarily and with the understanding that he was waiving his Miranda rights. While we do not approve of the showup identification of defendant by the victim of the robbery, it is clear that under the totality of the circumstances the admission of the testimony of the showup identification did not constitute reversible error (see Manson v Brathwaite, 432 US 98 ; People v Logan, 25 NY2d 184 , 191; People v Smith, 46 AD2d 639 , affd 38 NY2d 882 ). Further, in view of the "overwhelming proof’ of defendant’s guilt, we would, in any event, have affirmed the judgment of conviction (see People v Crimmins, 36 NY2d 230 ). Damiani, J. P., Shapiro, Mollen and O’Connor, JJ., concur.