Legal Opinion
People v. Johnson
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 1986PublishedCited by 13 opinions
1Opinion of the Court
*749The denial of that branch of the defendant’s omnibus motion which was to suppress the complainant’s station house showup identification of the defendant was correct in view of the fact that the complainant knew the defendant prior to the commission of the offense (see, People v Fleming, 109 AD2d 848; People v Charles, 111 AD2d 405). The hearing court properly found that the showup procedure used here was "merely confirmatory”. Accordingly, "the issue of suggestiveness is not relevant” (People v Fleming, supra, at p 849). Mangano, J. P., Niehoff, Kooper and Spatt, JJ., concur.
2Cases cited2 opinions
- People v. FlemingAppellate Division of the Supreme Court of the State of New York · 1985
- People v. CharlesAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by13 opinions
- People v. CampbellAppellate Division of the Supreme Court of the State of New York · 1992
- People v. TimmonsAppellate Division of the Supreme Court of the State of New York · 1988
- People v. McNeillAppellate Division of the Supreme Court of the State of New York · 1987
- People v. SinghAppellate Division of the Supreme Court of the State of New York · 1988
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1989
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