People v. Lomack
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: The hearing court properly concluded that the showup identification procedure used in this case was not unduly suggestive. Showup identifications are permissible when conducted proximate in time and place to the alleged crime and to defendant’s detention (see, People v Shippens, 136 AD2d 944, lv denied 71 NY2d 1033; see also, People v Duuvon, 77 NY2d 541; People v Love, 57 NY2d 1023, 1024; People v Smith, 38 NY2d 882, affg 46 AD2d 639). The fact that the complainant knew that the police were bringing a suspect to his home does not itself render the…
2Cases cited13 opinions
- People v. DuuvonNew York Court of Appeals · 1991
- People v. LoveNew York Court of Appeals · 1982
- People v. JohnsonNew York Court of Appeals · 1982
- People v. SmithNew York Court of Appeals · 1976
- People v. HallAppellate Division of the Supreme Court of the State of New York · 1981
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3Cited by5 opinions
- People v. FavorNew York Court of Appeals · 1993
- People v. LombardoAppellate Division of the Supreme Court of the State of New York · 1993
- People v. PresleyAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 1994
- People v. FavorNew York Court of Appeals · 1993