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People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1991
175 A.D.2d 188 (N.Y. App. Div. 1991)

Opinion

July 8, 1991

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


Ordered that the judgment is affirmed.

We conclude that the hearing court properly denied suppression of the complainant's testimony regarding the showup identification conducted at the hospital where he was being treated for a stab wound to the face. The complainant sustained that injury in the course of the commission of the crime of which the defendant stands convicted. The police officers, who did not know the extent or the seriousness of the complainant's injuries, were justified in conducting a showup at the hospital a short time after the crime occurred in the interest of obtaining a prompt and reliable identification and securing the release of a possibly innocent suspect (see, People v Whitney, 158 A.D.2d 734; People v McLamb, 140 A.D.2d 717; People v Castillo, 123 A.D.2d 878). In light of the strength of the complainant's recollection and the promptness of the showup, the display to the complainant of the defendant, while handcuffed and in the company of two police officers, did not render the hospital showup identification impermissibly suggestive (see, People v Whitney, supra; People v McLamb, supra; People v Capehart, 151 A.D.2d 592; People v Thompson, 129 A.D.2d 655; People v Moya, 115 A.D.2d 769).

The hearing court also properly denied that branch of the defendant's motion which was to suppress the knife seized from his person. The record supports the hearing court's determination that the defendant's sister, who lived with him, had apparent authority to consent and did, in fact, consent to the entry of the police officers into the house and the basement where the defendant was hiding (see, People v Adams, 53 N.Y.2d 1, 8-9, cert denied 454 U.S. 854; People v Cosme, 48 N.Y.2d 286, 290; People v Snow, 128 A.D.2d 564). Upon observing, in plain view, the defendant's blue suede jacket and brown cap, which matched the complainant's detailed description of the clothes worn by the perpetrator, the officers had probable cause to effectuate the arrest (see, People v Monson, 151 A.D.2d 615; People v Messam, 112 A.D.2d 449) and to conduct the search which produced the knife (see, People v Landy, 59 N.Y.2d 369). Kunzeman, J.P., Sullivan, Harwood and Rosenblatt, JJ., concur.


Summaries of

People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1991
175 A.D.2d 188 (N.Y. App. Div. 1991)
Case details for

People v. Thomas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PERCIVAL THOMAS…

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

Date published: Jul 8, 1991

Citations

175 A.D.2d 188 (N.Y. App. Div. 1991)
572 N.Y.S.2d 73

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