Opinion
October 26, 1987
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the judgment is affirmed.
The showup procedure employed by the police was not violative of the defendant's right to due process of law inasmuch as it was conducted near the scene of the crime within a short time of its commission (see, People v. Love, 57 N.Y.2d 1023; People v. King, 121 A.D.2d 471, lv denied 68 N.Y.2d 758). Accordingly, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress certain identification testimony. Rubin, J.P., Kooper, Spatt and Harwood, JJ., concur.