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People v. Marshall

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1987
130 A.D.2d 514 (N.Y. App. Div. 1987)

Opinion

May 4, 1987

Appeal from the Supreme Court, Kings County (Potoker, J.).


Ordered that the judgment is affirmed.

Justice Niehoff has been substituted for former Justice Lazer (see, 22 NYCRR 670.2 [c]).

We find that the arresting officers at bar possessed reasonable suspicion of criminal activity enabling them to briefly detain the defendant so that the complaining witness could be brought to the suspect's location for the purpose of an immediate showup identification (see, People v. Whitmore, 123 A.D.2d 336, lv denied 68 N.Y.2d 919). We further find that the showup procedure was not unduly suggestive and the identification emanated from the victim's independent recollections of the defendant rather than any improper conduct on the part of the police (see, People v. Kennerly, 117 A.D.2d 624, lv denied 67 N.Y.2d 945). Thompson, J.P., Niehoff, Lawrence and Eiber, JJ., concur.


Summaries of

People v. Marshall

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1987
130 A.D.2d 514 (N.Y. App. Div. 1987)
Case details for

People v. Marshall

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE MARSHALL…

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

Date published: May 4, 1987

Citations

130 A.D.2d 514 (N.Y. App. Div. 1987)