Opinion
October 15, 1991
Appeal from the County Court, Nassau County (Doolittle, J.).
Ordered that the judgment is affirmed.
Based on the evidence adduced of the Wade hearing, we conclude that the police-arranged showup identification procedure was proper. The defendant was apprehended in close temporal and spatial proximity to the crime scene. Thus, the showup allowed his prompt identification by the witnesses without a prolonged detention (see, People v. Riley, 70 N.Y.2d 523, 529; People v Andre A., 146 A.D.2d 704; People v. Domond, 123 A.D.2d 880, 881). Contrary to the defendant's contention, we agree with the hearing court's determination that the showup was not unnecessarily suggestive (see, People v. Andre A., supra; People v. McLamb, 140 A.D.2d 717, 718; see also, People v. Cooper, 152 A.D.2d 939).
Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish that the arresting police officer suffered physical injury (see, Penal Law § 10.00), a necessary element of assault in the second degree (see, Penal Law § 120.05). The defendant initially hit the arresting officer across his left cheek and nose with sufficient force to daze the six foot, 210 pound officer and to knock him down. When the officer was down, the defendant stomped on the left side of his face with the heel of his sneaker. A fellow officer who assisted in apprehending the defendant described the left side of the victim's face as a "big black and blue scuff mark" and noted that the victim's nose was bloody. The victim received medical treatment at a local hospital for cuts, contusions and bruises suffered in the defendant's attack; X-rays were taken and Tylenol was prescribed for his pain. The victim testified that his injuries were "quite painful", he suffered headaches for three days, and had difficulty sleeping on the left side of his face for a couple of weeks. Additionally, lacerations inside his left nostril impaired his ability to breathe through his nose, entirely at first and to a lesser extent for two weeks. Thus, the victim suffered the requisite physical injury (see, People v Lundquist, 151 A.D.2d 505; People v. Fasano, 112 A.D.2d 791; People v. Ruttenbur, 112 A.D.2d 13; People v. Chesebro, 94 A.D.2d 897).
We have considered the defendant's remaining contentions, including those raised in the defendant's supplemental pro se brief, and find them to be without merit. Bracken, J.P., Sullivan, O'Brien and Ritter, JJ., concur.