Opinion
215
February 14, 2002.
Judgment, Supreme Court, New York County (John Cataldo, J. at hearing; Ronald Zweibel, J. at plea and sentence), rendered November 9, 2000, convicting defendant of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, unanimously affirmed.
ELI R. KOPPEL, for respondent.
BRIAN W. STULL, for defendant-appellant.
Before: Nardelli, J.P., Tom, Andrias, Buckley, JJ.
Defendant's suppression motion was properly denied. The show-up conducted within 30 minutes and two blocks of the crime was justified in the interest of obtaining a prompt identification (see, People v. Love, 57 N.Y.2d 1023), regardless of whether or not the police already had probable cause (People v. Duuvon, 77 N.Y.2d 541, 545). Furthermore, the show-up was not conducted in an unduly suggestive manner (see, People v. Smith, 271 A.D.2d 332, lv denied 95 N.Y.2d 871).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.