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People v. Tubbs

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 29, 1998
249 A.D.2d 936 (N.Y. App. Div. 1998)

Opinion

April 29, 1998

Appeal from Judgment of Supreme Court, Monroe County, Galloway, J. — Robbery, 1st Degree.

Present — Denman, P.J., Green, Wisner, Pigott, Jr., and Fallon, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of robbery in the first degree (Penal Law § 160.15), two counts of assault in the second degree (Penal Law § 120.05, [6]) and grand larceny in the fourth degree (Penal Law § 155.30). Defendant argues that a showup identification procedure held at Rochester General Hospital, where the shooting victim was undergoing medical treatment, was unduly suggestive. The showup at the hospital within one hour of the shooting was justified by the necessity for prompt identification and was not unduly suggestive (see, People v. Blanche, 90 N.Y.2d 821, 822; see also, People v. McBride, 190 A.D.2d 573, 573-574).


Summaries of

People v. Tubbs

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 29, 1998
249 A.D.2d 936 (N.Y. App. Div. 1998)
Case details for

People v. Tubbs

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARNELL TUBBS…

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

Date published: Apr 29, 1998

Citations

249 A.D.2d 936 (N.Y. App. Div. 1998)
671 N.Y.S.2d 396

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