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The People, etc., respondent, v. Alfonse Russo, appellant. (Ind. No. 10253/97).

DECISION ORDER

ORDERED that the judgment is affirmed.

The branch of the defendant's omnibus motion which was to suppress testimony of the separate showup identifications of him by the complainant and another was properly denied. Pretrial showup identification procedures are permissible where the suspects are found at or near the crime scene and can be viewed by the witness immediately (see, People v. Riley, 70 N.Y.2d 523; People v. Duuvon, 77 N.Y.2d 541 ; People v. Matthews, 257 A.D.2d 635 ), or where exigent circumstances require it (see, People v. Rivera, 22 N.Y.2d 453, cert. denied 395 U.S. 964 ). At bar, the showup procedures were conducted in close temporal and geographic proximity to the scene of the crime (see, People v. Williams, 254 A.D.2d 379 ).

The sentence imposed upon the defendant was not excessive (see,People v. Suitte, 90 A.D.2d 80 )

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

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PEOPLE v. RUSSO
(Apr 13, 2000)