Opinion
May 26, 1987
Appeal from the Family Court, Queens County (Torres, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
The appellant contends that at the suppression hearing, the court improperly refused to permit testimony concerning a showup at the police precinct, at which time the complainants allegedly identified him. We disagree.
At the hearing, the presentment agency conceded that errors had been made concerning the police precinct showup identification of the appellant by the complainants and agreed not to offer at the trial any testimony concerning this identification. Therefore, the suggestiveness of the showup was not in question and the only issue before the court was whether there was an independent basis to support an in-court identification of the appellant by the complainants. The record supports the court's determination that there was an independent source for the complainants' identification and accordingly, suppression of the proposed testimony was not warranted (see, People v Adams, 53 N.Y.2d 241; People v. Smalls, 112 A.D.2d 173). Thompson, J.P., Lawrence, Weinstein and Harwood, JJ., concur.