People v. Cobenais

Memorandum. The order of the Appellate Division should be affirmed.

Although the hospital showup was suppressed because it was impermissibly suggestive, the close and detailed observations of the defendant separately made during the course of the attacks by each of the two victims of the assaults were sufficient to provide independent bases for the subsequent in-court identifications (People v Ballott, 20 NY2d 600, 606-607; cf. Neil v Biggers, 409 US 188, 199-201).

It was also proper for the Trial Judge to deny defendant’s motion to sever the counts relating to the assault on one victim from…