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People v. Russo

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 554 (N.Y. App. Div. 2000)

Opinion

Argued February 3, 2000.

April 13, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered April 30, 1998, convicting him of assault in the second degree and aggravated harassment in the second degree, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.

Alan S. Futerfas, New York N.Y. (Ellen B. Resnick of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jane S. Meyers of counsel), for respondent.

MYRIAM J. ALTMAN, J.P., WILLIAM D. FRIEDMANN, GABRIEL M. KRAUSMAN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The branch of the defendant's omnibus motion which was to suppress testimony of the separate showup identifications of him by the complainant and another was properly denied. Pretrial showup identification procedures are permissible where the suspects are found at or near the crime scene and can be viewed by the witness immediately (see, People v. Riley, 70 N.Y.2d 523; People v. Duuvon, 77 N.Y.2d 541 ; People v. Matthews, 257 A.D.2d 635 ), or where exigent circumstances require it (see, People v. Rivera, 22 N.Y.2d 453, cert. denied 395 U.S. 964). At bar, the showup procedures were conducted in close temporal and geographic proximity to the scene of the crime (see, People v. Williams, 254 A.D.2d 379 ).

The sentence imposed upon the defendant was not excessive (see,People v. Suitte, 90 A.D.2d 80 )

The defendant's remaining contentions are either unpreserved for appellate review or without merit.


Summaries of

People v. Russo

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 554 (N.Y. App. Div. 2000)
Case details for

People v. Russo

Case Details

Full title:The People, etc., respondent, v. Alfonse Russo, appellant. (Ind. No…

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

Date published: Apr 13, 2000

Citations

271 A.D.2d 554 (N.Y. App. Div. 2000)
706 N.Y.S.2d 905

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