From Casetext: Smarter Legal Research

People v. Carbonaro

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1990
162 A.D.2d 459 (N.Y. App. Div. 1990)

Opinion

June 4, 1990

Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).


Ordered that the judgment is affirmed.

The defendant contends that the hearing court erred in denying that branch of his omnibus motion which sought suppression of the complainant's in-court identification testimony based upon an allegedly prejudicial showup. We disagree. It is well settled that a showup is permissible in the interest of prompt identification particularly when it occurs in close spatial and temporal proximity to the offense and the subsequent apprehension of the defendant (see, People v. Love, 57 N.Y.2d 1023; People v Hilton, 148 A.D.2d 749, 750). Moreover, the fact that the defendant herein was identified while he sat handcuffed in a patrol car does not render the showup impermissibly suggestive (see, People v. Burns, 133 A.D.2d 642, 643).

We find unavailing the defendant's further contention that the trial court committed reversible error in discharging four sworn jurors since the record shows that the discharge was consented to by defense counsel (cf., People v. Buford, 69 N.Y.2d 290).

The defendant's remaining contentions are either without merit or unpreserved for appellate review as a matter of law (CPL 470.05), and we decline to review them in the exercise of our interest of justice jurisdiction. Mangano, P.J., Lawrence, Balletta and O'Brien, JJ., concur.


Summaries of

People v. Carbonaro

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1990
162 A.D.2d 459 (N.Y. App. Div. 1990)
Case details for

People v. Carbonaro

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS CARBONARO…

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

Date published: Jun 4, 1990

Citations

162 A.D.2d 459 (N.Y. App. Div. 1990)
556 N.Y.S.2d 158

Citing Cases

People v. Smith

Ordered that the judgment is affirmed. The defendant and his codefendant were apprehended about a block away…

People v. Sanchez

In any event, a showup procedure which is less than ideal may be acceptable in the interest of a prompt…