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People v. Zimmerman

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1987
131 A.D.2d 527 (N.Y. App. Div. 1987)

Opinion

June 1, 1987

Appeal from the County Court, Suffolk County (Tisch, J.).


Ordered that the judgment is affirmed.

The court properly declined to suppress the showup identification to which the defendant consented and which occurred shortly after the crime occurred. A prompt on-the-scene showup, such as occurred here, is one of the most reliable types of identification procedures because it is performed at a time when the witness's recollection is fresh. Additionally, an unidentified individual may be released with a minimum of delay (see, People v Blake, 35 N.Y.2d 331; People v Veal, 106 A.D.2d 418).

We also conclude that the evidence, when viewed in a light most favorable to the People, was sufficient as a matter of law to support the guilty verdict for the crime charged (see, People v Contes, 60 N.Y.2d 620; People v Bauer, 113 A.D.2d 543, lv denied 67 N.Y.2d 648, 880).

Moreover, upon the exercise of our factual review power, we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt, and that the verdict was not against the weight of the evidence (CPL 470.15).

We have examined the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Mangano, J.P., Niehoff, Kunzeman and Kooper, JJ., concur.


Summaries of

People v. Zimmerman

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1987
131 A.D.2d 527 (N.Y. App. Div. 1987)
Case details for

People v. Zimmerman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD E. ZIMMERMAN…

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

Date published: Jun 1, 1987

Citations

131 A.D.2d 527 (N.Y. App. Div. 1987)