Opinion
January 24, 1991
Appeal from the Supreme Court, New York County, Edwin Torres, J., Ira Beal, J.
The prompt on-the-scene showup was not unduly suggestive. (People v Adams, 53 N.Y.2d 241.) Nor are we persuaded that the showup identification was somehow rendered improper because the police had probable cause to arrest defendant without the identification, based on the observations of a police officer.
As the evidence produced at the hearing did not raise a substantial issue that could not be resolved without resort to the complainant's testimony or addressed on cross-examination at the trial, the hearing court was not required to permit defendant to call the complainant at the hearing. (People v Chipp, 75 N.Y.2d 327, cert denied ___ US ___, 112 L Ed 2d 70.)
Concur — Sullivan, J.P., Milonas, Rosenberger, Ross and Smith, JJ.