People v. Price — 101 A.D.3d 905

Majority

p. 905

The People of the State of New York, Respondent, v Chris Price, Appellant.

[954 NYS2d 889]

p. 906

Contrary to the People’s contention, the defendant’s present challenge to the showup identification procedure as unduly suggestive was preserved by the issues raised at the pretrial suppression hearing (see People v Ortiz, 90 NY2d 533 , 537 [1997]; People v Chipp, 75 NY2d 327 , 335 [1990], cert denied 498 US 833 [1990]; People v Berry, 50 AD3d 1047 , 1048 [2008]). However, the defendant’s contention that the showup identification procedure was unduly suggestive is without merit (see People v Lopez, 93 AD3d 808 , 809 [2012]; People v Mais, 71 AD3d 1163 , 1165 [2010]; People v Parris, 70 AD3d 725 , 726 [2010]; People v Berry, 50 AD3d at 1048 ; People v Guy, 47 AD3d 643 , 643 [2008]; People v Samuels, 39 AD3d 569 , 570 [2007]; People v Leon, 265 AD2d 344 , 345 [1999]). Mastro, J.P., Lott, Roman and Cohen, JJ., concur.

Cases cited

People v. Ortiz 90 NY2d 533 N.Y. 1997-10-21 at 537 p. 906
People v. Chipp 75 NY2d 327 N.Y. 1990-02-15 at 335 p. 906
People v. Mais 71 AD3d 1163 N.Y. App. Div. 2010-03-30 at 1165 p. 906
People v. Parris 70 AD3d 725 N.Y. App. Div. 2010-02-02 at 726 p. 906
People v. Guy 47 AD3d 643 N.Y. App. Div. 2008-01-08 at 643 p. 906
People v. Leon 265 AD2d 344 N.Y. App. Div. 1999-10-04 at 345 p. 906