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People v. Ruffin

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 519 (N.Y. App. Div. 1997)

Opinion

June 9, 1997

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


Ordered that the judgment is affirmed.

It is argued that the police improperly displayed a single photograph of the defendant to the complainant at the precinct several hours after his arrest and that testimony with respect to this suggestive identification procedure should have been suppressed. Even assuming, arguendo and contrary to the People's argument, that this photographic viewing was not confirmatory in nature, any error in this regard must be regarded as harmless beyond a reasonable doubt. The evidence in the record relating to the defendant's identity as the shooter, including, inter alia, the testimony of the complainant and Officer Tropea regarding the immediate pursuit, apprehension, and on-street showup of the defendant (see, People v. Duuvon, 77 N.Y.2d 541), and the ballistic evidence, was overwhelming (see, People v. Crimmins, 36 N.Y.2d 230).

Mangano, P.J., O'Brien, Ritter and McGinity, JJ., concur.


Summaries of

People v. Ruffin

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 519 (N.Y. App. Div. 1997)
Case details for

People v. Ruffin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MILTON RUFFIN…

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

Date published: Jun 9, 1997

Citations

240 A.D.2d 519 (N.Y. App. Div. 1997)
658 N.Y.S.2d 142

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