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People v. Tony

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 29, 1998
249 A.D.2d 962 (N.Y. App. Div. 1998)

Opinion

April 29, 1998

(Appeal from Judgment of Supreme Court, Monroe County, Galloway, J. — Robbery, 2nd Degree.)

Present — Green, J.P., Lawton, Hayes, Pigott, Jr., and Balio, JJ.


Judgment unanimously affirmed. Memorandum: Defendant's showup identification was not unduly suggestive ( see generally, People v. Duuvon, 77 N.Y.2d 541). Because the showup identification was conducted within 30 minutes of the robbery and in a fair and nonsuggestive manner, it was appropriate in the interest of prompt identification ( see, People v. Adams, 53 N.Y.2d 241, 249) and met the objective "that the police have reasonable assurances that they have arrested or detained the right person" ( People v. Duuvon, supra, at 545). Defendant has never asserted that his nonarrest detention, including transportation to the crime scene, constituted an unreasonable seizure ( cf., People v. Hicks, 68 N.Y.2d 234, 242-243).


Summaries of

People v. Tony

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 29, 1998
249 A.D.2d 962 (N.Y. App. Div. 1998)
Case details for

People v. Tony

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH TONY, Appellant

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

Date published: Apr 29, 1998

Citations

249 A.D.2d 962 (N.Y. App. Div. 1998)
671 N.Y.S.2d 368