Opinion
Argued May 18, 2001
June 11, 2001
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered October 28, 1999, convicting him of robbery in the second degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.
Lynn W. L. Fahey, New York, N.Y. (Barbara Lerner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, and Cindy Jo of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
The defendant's challenge to the hearing court's suppression determination is unpersuasive. The police had probable cause to arrest the defendant based on the complainant's identification both of him and the vehicle he observed the perpetrators driving in. Furthermore, the showup procedure was constitutionally permissible given the surrounding circumstances (see, People v. Johnson, 81 N.Y.2d 828, 831; People v. Duuvon, 77 N.Y.2d 541, 543). The showup was conducted approximately 20 minutes after the commission of the crime, approximately seven blocks from the crime scene (see, People v. Rodney, 237 A.D.2d 541; People v. Wright, 221 A.D.2d 577; People v. Thompson, 215 A.D.2d 604). Moreover, the procedure was not unduly suggestive.