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People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1985
108 A.D.2d 935 (N.Y. App. Div. 1985)

Opinion

February 25, 1985

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


Judgment affirmed.

On this appeal defendant claims that his pretrial motion to suppress certain identification testimony was improperly denied. On review of the record, we find that the showup which occurred shortly after the burglary and near the scene of the crime was an appropriate procedure conducted in the interest of securing a prompt and reliable identification of the perpetrator ( People v Love, 57 N.Y.2d 1023; People v Holly, 106 A.D.2d 403; People v Mayers, 100 A.D.2d 558). Moreover, there was an independent basis for the in-court identification, as the complainant who made the identification observed the defendant during the perpetration of the crime in her bedroom and as he fled down the stairs exiting her home ( see, People v Anderson, 107 A.D.2d 751; People v Mayers, supra). Mangano, J.P., Bracken, Weinstein and Niehoff, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1985
108 A.D.2d 935 (N.Y. App. Div. 1985)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM RIVERA…

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

Date published: Feb 25, 1985

Citations

108 A.D.2d 935 (N.Y. App. Div. 1985)

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