Legal Opinion

People v. Simmons

Appellate Division of the Supreme Court of the State of New York

Decided September 23, 2002PublishedCited by 1 opinion

1Opinion of the Court

*760Contrary to the defendant’s contention on appeal, the hearing court correctly denied suppression of a showup identification by the victim. The showup was conducted in close temporal and spatial proximity to the time and place of the crime, and police conduct did not render the procedure unduly suggestive (see People v Duuvon, 77 NY2d 541; People v Walls, 276 AD2d 726; People v Pena, 192 AD2d 728, 729). Further, the police possessed reasonable suspicion to stop and detain the defendant pending the showup (see People v Hicks, 68 NY2d 234; People v Vaughan, 293 AD2d 693, Iv denied 98 NY2d 682;…

2Cases cited6 opinions

  1. People v. HicksNew York Court of Appeals · 1986
  2. People v. DuuvonNew York Court of Appeals · 1991
  3. People v. DevorceAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. VaughanAppellate Division of the Supreme Court of the State of New York · 2002
  5. People v. PenaAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by1 opinion

  1. People v. JohnAppellate Division of the Supreme Court of the State of New York · 2008

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