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People v. Milza

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 718 (N.Y. App. Div. 1988)

Opinion

May 31, 1988

Appeal from the County Court, Nassau County (Thorp, J.).


Ordered that the judgment is affirmed.

The hearing court properly refused to suppress evidence of the showup identifications of the defendant, since the identifications were conducted after the police had probable cause to arrest the defendant, and they took place at the crime scene within 20 minutes of the commission of the crime under conditions which were not unduly suggestive (see, e.g., People v Love, 57 N.Y.2d 1023; People v Brnja, 70 A.D.2d 17, affd 50 N.Y.2d 366; People v Kennerly, 117 A.D.2d 624, lv denied 67 N.Y.2d 945). One-on-one confrontations which occur in close spatial and temporal proximity to the scene and time of the crime are indicative of good police work aimed at apprehending the perpetrator and releasing innocent suspects as soon as possible, as the witness's memory is most fresh at that time (see, People v Love, supra; People v Gilliard, 116 A.D.2d 657, lv denied 67 N.Y.2d 943). Moreover, in the case at bar, the People proved by clear and convincing evidence that there was a reliable independent source for both witnesses' identification of the defendant (see, Manson v Brathwaite, 432 U.S. 98).

We have considered the defendant's remaining contentions, including his claim that his sentence was excessive and find them to be without merit. Thompson, J.P., Brown, Weinstein and Harwood, JJ., concur.


Summaries of

People v. Milza

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 718 (N.Y. App. Div. 1988)
Case details for

People v. Milza

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN M. MILZA…

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

Date published: May 31, 1988

Citations

140 A.D.2d 718 (N.Y. App. Div. 1988)

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