Legal Opinion
People v. Howington
Appellate Division of the Supreme Court of the State of New York
Decided June 8, 2001PublishedCited by 8 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his motion to suppress the showup identification by the victim. Defendant was apprehended within 200 yards of the crime scene, and the police conducted the showup within 15 minutes of the crime. Although the showup occurred while defendant was wearing handcuffs and in the custody of police officers, the evidence supports the court’s determination that the identification procedure was not unduly suggestive (see, People v Rucker, 277 AD2d 961; People v Tobias, 273 AD2d 925, lv…
2Cases cited5 opinions
- People v. AshwalNew York Court of Appeals · 1976
- People v. HalmNew York Court of Appeals · 1993
- People v. TobiasAppellate Division of the Supreme Court of the State of New York · 2000
- People v. GreeningAppellate Division of the Supreme Court of the State of New York · 1998
- People v. RuckerAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by8 opinions
- People v. BradfordAppellate Division of the Supreme Court of the State of New York · 2014
- People v. PonderAppellate Division of the Supreme Court of the State of New York · 2007
- People v. EvansAppellate Division of the Supreme Court of the State of New York · 2002
- People v. CookAppellate Division of the Supreme Court of the State of New York · 2002
- People v. PaulAppellate Division of the Supreme Court of the State of New York · 2004
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