Opinion · New York Court of Appeals

People v. Love

57 N.Y.2d 1023

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1982-11-11
Topic
general

Appeal from Judgment of Supreme Court, Monroe County, Wisner, J.—Robbery, 2nd Degree.

Citator

Cited by
120 opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

To the extent that defendant seeks to argue that the showup was not necessary because Officer Phillips had himself identified defendant, the point has not been preserved for our review. Moreover, though the better practice when feasible is not to conduct a showup before a group of witnesses (People v Adams, 53 NY2d 241, 249), procedures that are less than ideal may, as Adams held, be tolerable in the interest of prompt identification. This is particularly so in a case such as the present, in view of the proximity of the *1025 apprehension of defendant in time and space (five minutes and one block, cf. People v Brnja, 50 NY2d 366) to the scene of the crime. Nor was there any allegation that the conduct of the police was in any way impermissibly suggestive.

Defendant’s second claim of error, bolstering contrary to People v Trowbridge (305 NY 471), was not preserved, the objection stated having been no more than the one word “objection” (People v West, 56 NY2d 662).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in memorandum.