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THE PEOPLE, ETC., RESPONDENT, v. JAMES CLEON, A/K/A CLEON JAMES, APPELLANT.

DECISION ORDER

ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by providing that the terms of imprisonment imposed on the convictions of robbery in the first degree shall run concurrently with each other; as so modified, the judgment is affirmed.

Contrary to defendant's contention, his showup identification was not unduly suggestive merely because the two complainants were together (see, People v. Love, 57 N.Y.2d 1023). Although simultaneous showup procedures are generally disfavored (see, People v. Adams, 53 N.Y.2d 241), they are permissible when, as here, they are conducted in close spatial and temporal proximity to the commission of the crime for the purpose of securing a prompt and reliable identification (see, People v. Laing, 221 A.D.2d 662).

The sentence imposed was excessive to the extent indicated.

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PEOPLE v. CLEON
(Mar 19, 2001)