People v. Digiosaffatte

Appeal by the People from an order of the Supreme Court, Kings County, dated November 7, 1977, as of February 8, 1977, which granted defendants’ motion to suppress identification testimony. Order reversed, on the law and the facts, motion denied, and case remanded to Criminal Term for further proceedings consistent herewith. The Criminal Term based its order of suppression on its finding that the showup here was devoid of exigent circumstances to justify its use and was not a prompt on-the-scene showup, having taken place at least an hour and a half after the alleged occurrence. It also found…