Opinion
Argued November 1, 2001.
November 19, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered June 17, 1999, convicting him of robbery in the second degree and assault in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Starkey, J.), of that branch of the defendant's omnibus motion which was to suppress identification testimony.
Andrew C. Fine, New York, N.Y. (Susan J. Horwitz of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus of counsel), for respondent.
Before: SONDRA MILLER, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
ORDERED that the judgment is affirmed.
That branch of the defendant's motion which was to suppress the showup identification, conducted while the complainant was being treated in a nearby hospital, was properly denied. It was established at the hearing that the hospital showup was justified (see, People v. Blanche, 90 N.Y.2d 821; People v. Riley, 70 N.Y.2d 523, 529; People v. Rivera, 22 N.Y.2d 453, 454, cert denied 395 U.S. 964; People v. Matthew, 248 A.D.2d 557; cf., People v. Matthews, 257 A.D.2d 635) and was not unduly suggestive (see, People v. Williams, 258 A.D.2d 543; People v. Rementeria, 243 A.D.2d 736; People v. McBride, 190 A.D.2d 573).
S. MILLER, J.P., LUCIANO, SCHMIDT and SMITH, JJ., concur.