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People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Jul 17, 1995
217 A.D.2d 639 (N.Y. App. Div. 1995)

Opinion

July 17, 1995

Appeal from the Supreme Court, Kings County (Goldstein, J.).


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 N.Y.2d 828; People v. Holley, 205 A.D.2d 638; People v. Mitchell, 185 A.D.2d 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 N.Y.2d 541; People v. Lawhorn, 199 A.D.2d 123). Bracken, J.P., Joy, Friedmann and Krausman, JJ., concur.


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Jul 17, 1995
217 A.D.2d 639 (N.Y. App. Div. 1995)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN MILLER, Appellant

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

Date published: Jul 17, 1995

Citations

217 A.D.2d 639 (N.Y. App. Div. 1995)
630 N.Y.S.2d 237