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People v. Vernon

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1990
157 A.D.2d 542 (N.Y. App. Div. 1990)

Opinion

January 18, 1990

Appeal from the Supreme Court, Bronx County, Dominic Massaro, J.


The arresting officer first saw the defendant and another being chased by a group who said that they had robbed someone. After stopping the two, the arresting officer asked one of the pursuers to get the victim, who when brought to the scene immediately identified defendant. Defendant argues that this showup was unduly suggestive because conducted by the arresting officer without having obtained a description of the perpetrator from the complainant. We decline to reach the merits of this argument since it was not made before the hearing court, and is therefore not preserved for review as a matter of law (CPL 470.15 [a]). Were we to consider it in the interest of justice, we would nevertheless affirm, finding it to be without merit. It cannot be said, upon consideration of the totality of circumstances, that the showup was so suggestive and conducive to irreparable mistaken identification that the defendant was denied due process of law (People v. Brnja, 70 A.D.2d 17, 23, affd 50 N.Y.2d 366).

Concur — Ellerin, J.P., Wallach, Smith and Rubin, JJ.


Summaries of

People v. Vernon

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1990
157 A.D.2d 542 (N.Y. App. Div. 1990)
Case details for

People v. Vernon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL VERNON…

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

Date published: Jan 18, 1990

Citations

157 A.D.2d 542 (N.Y. App. Div. 1990)
549 N.Y.S.2d 730