People v. Gonzalez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*561Contrary to the defendant’s contention, the hearing court properly denied that branch of his omnibus motion which was to suppress the showup identification made by a witness to the assault near the scene of the crime. “While showup procedures are generally disfavored, they are permissible, even in the absence of exigent circumstances, when they are spatially and temporally proximate to the commission of the crime and not unduly suggestive” (People v Berry, 50 AD3d 1047, 1048 [2008]; see People v Brisco, 99 NY2d 596, 597 [2003]; People v Ortiz, 90 NY2d 533, 537 [1997]; People v Duuvon, 77 NY2d…
2Cases cited27 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. ContesNew York Court of Appeals · 1983
- People v. DanielsonNew York Court of Appeals · 2007
- People v. BaldiNew York Court of Appeals · 1981
- People v. RomeroNew York Court of Appeals · 2006
22 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- People v. JacobAppellate Division of the Supreme Court of the State of New York · 2012
- People v. MaisAppellate Division of the Supreme Court of the State of New York · 2010
- People v. DunbarAppellate Division of the Supreme Court of the State of New York · 2013
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. CuestaAppellate Division of the Supreme Court of the State of New York · 2013
30 more not listed; retrieve them via the Exa API.