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THE PEOPLE, ETC., respondent, v. CEDRICK BOSWELL, appellant.

ORDERED that the judgment is affirmed.

That branch of the defendant's motion which was to suppress the showup identification, conducted while the complainant was being treated in a nearby hospital, was properly denied. It was established at the hearing that the hospital showup was justified (see, People v. Blanche, 90 N.Y.2d 821; People v. Riley, 70 N.Y.2d 523, 529; People v. Rivera, 22 N.Y.2d 453, 454, cert denied 395 U.S. 964; People v. Matthew, 248 A.D.2d 557; cf., People v. Matthews, 257 A.D.2d 635) and was not unduly suggestive (see, People v. Williams, 258 A.D.2d 543; People v. Rementeria, 243 A.D.2d 736; People v. McBride, 190 A.D.2d 573).

S. MILLER, J.P., LUCIANO, SCHMIDT and SMITH, JJ., concur.

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PEOPLE v. BOSWELL
(Nov 19, 2001)