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PEOPLE v. BOSWELL
Appellate Division of the Supreme Court of New York, Second Department.
Nov 19, 2001
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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