Legal Opinion

In re Daniel E.

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

Decided March 29, 2011PublishedCited by 2 opinions

1Opinion of the Court

The court properly denied appellant’s suppression motion. The showup identification was made in close temporal and spatial proximity to the crime, and it was not rendered unduly suggestive by any of the circumstances cited by appellant, each of which was either inherent in any showup or justified by the exigencies of the situation (see e.g. Matter of Terron B., 77 AD3d 499 [2010]). Appellant and the other suspects were lawfully detained on the basis of a joint description that was sufficiently specific, given the temporal and spatial factors, to provide reasonable suspicion (see e.g. People v…

2Cases cited3 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. In re Terron B.Appellate Division of the Supreme Court of the State of New York · 2010
  3. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by2 opinions

  1. In re Michael R.Appellate Division of the Supreme Court of the State of New York · 2011
  2. In re Anizabel B.Appellate Division of the Supreme Court of the State of New York · 2011

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