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PEOPLE v. BARTLETT

2014-01411, Ind. No. 13-00514.

137 A.D.3d 806 (2016)

27 N.Y.S.3d 163

2016 NY Slip Op 01505

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL BARTLETT, Appellant.

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

Decided March 2, 2016.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court properly denied that branch of his omnibus motion which was to suppress testimony regarding the showup identification of him made by a witness. While showup procedures are generally disfavored, they are permissible, even in the absence of exigent circumstances, when they are spatially and temporally proximate to the commission of the crime and not unduly suggestive (

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