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People v. Brown

Appellate Division of the Supreme Court of New York, First Department
Apr 21, 1994
203 A.D.2d 158 (N.Y. App. Div. 1994)

Opinion

April 21, 1994

Appeal from the Supreme Court, New York County (Budd G. Goodman, J.).


We find no error in the trial court's summary denial of a Wade hearing. This case involves a police show-up at the crime scene where the risk of undue police suggestion, prompting concern for due process, does not apply. Where, as here, a robbery victim recognizes his attacker during a later face-to-face encounter which is not contrived by law enforcement officials and then directs the police to him, that spontaneous recognition is neither police-arranged nor subject to any suggestive police conduct. Thus, due process does not require that such an out-of-court identification be suppressed (see, People v Whisby, 48 N.Y.2d 834; People v Logan, 25 N.Y.2d 184, cert denied 396 U.S. 1020; People v Dukes, 97 A.D.2d 445; cf., People v Bond, 156 A.D.2d 573). Moreover, an identification to clarify for the apprehending police that they have stopped the right suspect, which immediately follows such a spontaneous recognition, is simply sound police procedure, and is likewise not subject to suppression (People v Soto, 198 A.D.2d 38; People v Fulmore, 133 A.D.2d 169, 170; see also, People v Morales, 37 N.Y.2d 262, 271-272; People v Kirkland, 192 A.D.2d 414, lv denied 81 N.Y.2d 1075).

Concur — Ellerin, J.P., Wallach, Kupferman, Rubin and Williams, JJ.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, First Department
Apr 21, 1994
203 A.D.2d 158 (N.Y. App. Div. 1994)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR BROWN, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 21, 1994

Citations

203 A.D.2d 158 (N.Y. App. Div. 1994)
610 N.Y.S.2d 259

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