PEOPLE v. MILLER

2007-07256

68 A.D.3d 1135 (2009)

2009 NY Slip Op 9680

892 N.Y.S.2d 152

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TITUS MILLER, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 22, 2009.


Ordered that the judgment is affirmed.

The evidence at a suppression hearing established that the showup identification of the defendant took place within 15 minutes of the crime and less than one-half mile from the crime scene, and was conducted for the reasonable purpose of securing a prompt and reliable identification. As such, the showup was not unduly suggestive and, therefore, the hearing court properly denied that branch of the defendant's omnibus motion which...

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