(Download) "People v. Louis Carbonaro" by Supreme Court of New York ~ eBook PDF Kindle ePub Free

July 31, 2021

eBook details

Title: People v. Louis Carbonaro
Author : Supreme Court of New York
Release Date : January 04, 1990
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

DECISION & ORDER 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).