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PEOPLE OF N.Y. v. DUPREE

Appellate Division of the Supreme Court of New York, Second Department.
Feb 6, 2007
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Ordered that the judgment is affirmed.

Contrary to the defendant's contention on appeal, the show-up identification, which was conducted in close geographic and temporal proximity to the crime, was reasonable under the circumstances and not unduly suggestive ( see People v Chipp, 75 NY2d 327; People v Rosa, 231 AD2d 534; People v Mitchell, 185 AD2d 249; cf. People v Ortiz, 90 NY2d 533). Thus, the Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress identification testimony.