People v. Blanche

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The defendant was convicted, following a jury trial, of assault in the second degree in violation of Penal Law § 120.05 (2) and criminal possession of a weapon in the third degree in violation of Penal Law § 265.02 (1). The main issue on this appeal is whether a hospital showup was impermissibly suggestive in violation of the Due Process Clauses of the Federal and State Constitutions.

On July 25, 1994, in the City of Buffalo, defendant and several other persons passed by the home of James and Mary Webber and…