Opinion
1998-10171
Argued May 21, 2002.
September 24, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered October 1, 1998, convicting him of robbery in the first degree, robbery in the second degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (McDonald, J.), of that branch of the defendant's omnibus motion which was to suppress identification testimony.
Andrew C. Fine, New York, N.Y. (David Crow and Davis Polk Wardwell, New York, N.Y. [Eric B. Halper] of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Kimberley C. Nielsen of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, GABRIEL M. KRAUSMAN, LEO F. McGINITY, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention on appeal, the hearing court correctly denied suppression of a showup identification by the victim. The showup was conducted in close temporal and spatial proximity to the time and place of the crime, and police conduct did not render the procedure unduly suggestive (see People v. Duuvon, 77 N.Y.2d 541; People v. Walls, 276 A.D.2d 726; People v. Pena, 192 A.D.2d 728, 729). Further, the police possessed reasonable suspicion to stop and detain the defendant pending the showup (see People v. Hicks, 68 N.Y.2d 234; People v. Vaughan, 293 A.D.2d 693, lv denied 98 N.Y.2d 682; People v. Devorce, 293 A.D.2d 550; People v. Walls, supra).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
PRUDENTI, P.J., RITTER, KRAUSMAN and McGINITY, JJ., concur.