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People v. Rivers

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1995
221 A.D.2d 668 (N.Y. App. Div. 1995)

Opinion

November 27, 1995

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


Ordered that the judgment is affirmed.

Contrary to the trial court's conclusion, the use of a showup identification procedure in this case was proper and not unduly suggestive (see, People v Duuvon, 77 N.Y.2d 541; People v Smith, 203 A.D.2d 396). Therefore, the court's failure to conduct an independent source hearing did not deprive the defendant of due process or deny him a fair trial as the complainant's incourt identification was admissible.

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Thompson, J.P., Altman, Krausman and Goldstein, JJ., concur.


Summaries of

People v. Rivers

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1995
221 A.D.2d 668 (N.Y. App. Div. 1995)
Case details for

People v. Rivers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD RIVERS…

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

Date published: Nov 27, 1995

Citations

221 A.D.2d 668 (N.Y. App. Div. 1995)
635 N.Y.S.2d 502