People v. Smith

Judgment, Supreme Court, New York County, rendered January 24, 1973, convicting defendant upon his plea of guilty of attempted robbery in the first degree and sentencing him to an indeterminate seven year term of imprisonment, affirmed. Although showups are generally disfavored, testimony of an identification made at a showup need not be suppressed unless it is found, upon consideration of the totality of circumstances, that the confrontation “ was so unnecessarily suggestive and conducive to irreparable mistaken identification that [the defendant] was denied due process of law.” (Stovall v.…