People v. Johnson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment *1005unanimously affirmed. Memorandum: Supreme Court properly determined that the showup identification of defendant was not unduly suggestive. Defendant was apprehended a short distance from the crime scene, and the showup was conducted at the crime scene approximately 40 minutes after the crime was committed (see, People v Becht, 236 AD2d 792, lv denied 89 NY2d 1088, cert denied 522 US 887; People v Sanders, 224 AD2d 956, lv denied 88 NY2d 885). Although there was evidence that a five-year-old girl identified defendant as the perpetrator immediately before the showup, the court…
2Cases cited5 opinions
- People v. SandersAppellate Division of the Supreme Court of the State of New York · 1996
- People v. HenryAppellate Division of the Supreme Court of the State of New York · 1997
- People v. BechtAppellate Division of the Supreme Court of the State of New York · 1997
- People v. LathigeeAppellate Division of the Supreme Court of the State of New York · 1998
- People v. FairAppellate Division of the Supreme Court of the State of New York · 1998
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- People v. HamptonAppellate Division of the Supreme Court of the State of New York · 2008
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2001