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People v. Everett

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1989
147 A.D.2d 896 (N.Y. App. Div. 1989)

Opinion

February 3, 1989

Appeal from the Monroe County Court, Maas, J.

Present — Dillon, P.J., Doerr, Green, Pine and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant's sole claim on appeal is that the showup conducted by the police was impermissibly suggestive and denied him due process of law. We disagree. A showup which occurs shortly after a crime and near the crime scene is an acceptable means of securing identification of a suspect (People v Brnja, 50 N.Y.2d 366). A showup is also tolerable in the interest of prompt identification while witnesses' memories are fresh (see, People v Riley, 70 N.Y.2d 523; People v Love, 57 N.Y.2d 1023, 1024).


Summaries of

People v. Everett

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1989
147 A.D.2d 896 (N.Y. App. Div. 1989)
Case details for

People v. Everett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY EVERETT…

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

Date published: Feb 3, 1989

Citations

147 A.D.2d 896 (N.Y. App. Div. 1989)

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