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People v. James

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 1993
192 A.D.2d 496 (N.Y. App. Div. 1993)

Opinion

April 29, 1993

Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).


The show-up identification, obtained 20 minutes after the incident and within 5 or 6 blocks of the subway site of the crime, was not unduly suggestive (People v Love, 57 N.Y.2d 1023; People v Muhammad, 159 A.D.2d 266, lv denied 76 N.Y.2d 740). Show-up identifications, proximate in time and place to the crime, are deemed trustworthy because the memory of the identifying witness is fresh (People v Logan, 25 N.Y.2d 184, 194, cert denied 396 U.S. 1020).

Concur — Rosenberger, J.P., Ellerin, Asch and Rubin, JJ.


Summaries of

People v. James

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 1993
192 A.D.2d 496 (N.Y. App. Div. 1993)
Case details for

People v. James

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP JAMES…

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

Date published: Apr 29, 1993

Citations

192 A.D.2d 496 (N.Y. App. Div. 1993)
597 N.Y.S.2d 300

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