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People v. Thomas

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1989
156 A.D.2d 959 (N.Y. App. Div. 1989)

Opinion

December 20, 1989

Appeal from the Onondaga County Court, Mulroy, J.

Present — Denman, J.P., Boomer, Pine, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: The suppression court's determination that the showup was not impermissibly suggestive and that there was an independent basis for an in-court identification is supported by the record (see, People v Adams, 53 N.Y.2d 241; People v Rhynes, 124 A.D.2d 1038, lv denied 69 N.Y.2d 716). Although showups are generally disfavored as unduly suggestive, they will be permitted where, as here, the suspect is apprehended in proximity to the crime scene and can be viewed by the witnesses immediately (see, People v Love, 57 N.Y.2d 1023). Defendant's argument that the parking lot where the showup occurred became transformed into an "adjunct police station" lacks merit.

We have reviewed defendant's remaining contention and find it to be lacking in merit.


Summaries of

People v. Thomas

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1989
156 A.D.2d 959 (N.Y. App. Div. 1989)
Case details for

People v. Thomas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT THOMAS…

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

Date published: Dec 20, 1989

Citations

156 A.D.2d 959 (N.Y. App. Div. 1989)
549 N.Y.S.2d 255

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