Opinion
May 11, 1990
Appeal from the Jefferson County Court, Clary, J.
Present — Dillon, P.J., Doerr, Green, Lawton and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: The showup was permissible because the suspect was apprehended shortly after the report of the crime and was immediately viewed by the victim (see, People v. Love, 57 N.Y.2d 1023, 1024; People v. Everett, 147 A.D.2d 896). The fact that defendant was in police custody when the showup was conducted does not invalidate the showup (see, People v. Brnja, 50 N.Y.2d 366). The victim's identification at the showup was reliable because it was based on the suspect's distinctive clothing and physical characteristics (see, People v Johnson, 137 A.D.2d 719; People v. Meeks, 134 A.D.2d 290, lv denied 70 N.Y.2d 958; People v. Dennis, 125 A.D.2d 325, lv denied 70 N.Y.2d 645).