Summary
In Lewis, the court held that the police properly secured the defendant's clothing which was "blood-soaked... since the clothing constituted evidence of the stabbing incident... and "was the result of a proper inventory search.
Summary of this case from People v. HillOpinion
October 2, 1997
Appeal from Supreme Court, New York County (Rena Uviller, J.).
Defendant's motion to suppress identification testimony was properly denied. The showup was justified by its close temporal and spatial proximity to the crime and the desirability of obtaining a prompt and reliable identification ( People v. Duuvon, 77 N.Y.2d 541). Moreover, the showup was also rendered eminently reasonable by the unusual circumstance that the complainant and defendant were both lying on gurneys in different parts of the same emergency room being treated for the serious injuries they had just inflicted upon each other in the incident ( see, People v Whitney, 158 A.D.2d 734). Under the totality of the circumstances, the showup procedure was not unduly suggestive ( People v Rodriguez, 64 N.Y.2d 738).
Defendant's motion to suppress physical evidence was properly denied. The police officers properly secured defendant's blood-soaked clothing, which had been removed by medical personnel, since the clothing constituted evidence of the stabbing incident. The officers' recovery of a razor blade from the clothing was the result of a proper inventory search which created a "usable inventory" ( People v. Galak, 80 N.Y.2d 715, 720).
The challenged portion of the People's summation was based upon the evidence and responsive to defense argument, and did not suggest uncharged crimes. In any event, the court's detailed curative instruction prevented any possibility of prejudice.
Concur — Sullivan, J.P., Ellerin, Williams, Tom and Colabella, JJ.