Opinion
January 15, 1991
Appeal from the Supreme Court, New York County (Jerome Hornblass, J.).
Defendant's conviction is reversed for the reasons stated in the memorandum decision in the appeal of defendant's codefendant Jerome Dudley (see, People v Dudley, 167 A.D.2d 317; People v Varona, 167 A.D.2d 322). Defendant's argument that the testimony of the complaining witnesses was insufficient to establish any more than his mere presence at the scene of the crime has been reviewed and found to be without merit. The showup identification herein was proper under the circumstances as it was conducted near the scene of the crime within 8 to 10 minutes of its occurrence (People v Riley, 70 N.Y.2d 523, 529). The remaining arguments put forth by the defendant have been previously rejected by this court (see, People v Dudley, supra; People v Varona, supra).
Concur — Kupferman, J.P., Sullivan, Ross, Ellerin and Rubin, JJ.