217 A.D.2d 639 630 N.Y.S.2d 237

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 *640hearing, 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.

People v. Miller
217 A.D.2d 639 630 N.Y.S.2d 237

Case Details

Name
People v. Miller
Decision Date
Jul 17, 1995
Citations

217 A.D.2d 639

630 N.Y.S.2d 237

Jurisdiction
New York

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