People v. Thomas

Judgment unanimously affirmed. Memorandum: After defendant’s apprehension within one-half hour of the commission of the crime, he was transported in a police vehicle to the crime scene in handcuffs where he was simultaneously identified by two witnesses. Although the police had overwhelming evidence on which to hold defendant, exigent circumstances existed to justify use of a showup due to the time of night, proximity of the suspect to the time and place of the crime when he was arrested, awareness by the police that the witnesses were still at the crime scene, the importance of early…