AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC LEWIS, Also Known as RASHEEM COOPER, Also Known as NATHANIEL FREEDMAN, Appellant.

Defendant's motion to suppress identification testimony was properly denied. The showup was justified by its close temporal and spatial proximity to the crime and the desirability of obtaining a prompt and reliable identification ( People v. Duuvon, 77 N.Y.2d 541). Moreover, the showup was also rendered eminently reasonable by the unusual circumstance that the complainant and defendant were both lying on gurneys in different parts of the same emergency room being treated for the serious injuries they had just inflicted upon each other in the incident ( see, People v Whitney, 158 A.D.2d 734). Under the totality of the circumstances, the showup procedure was not unduly suggestive ( People v Rodriguez, 64 N.Y.2d 738).

Defendant's motion to suppress physical evidence was properly denied. The police officers properly secured defendant's blood-soaked clothing, which had been removed by medical personnel, since the clothing constituted evidence of the stabbing incident. The officers' recovery of a razor blade from the clothing was the result of a proper inventory search which created a "usable inventory" ( People v. Galak, 80 N.Y.2d 715, 720).

The challenged portion of the People's summation was based upon the evidence and responsive to defense argument, and did not suggest uncharged crimes. In any event, the court's detailed curative instruction prevented any possibility of prejudice.

Concur — Sullivan, J.P., Ellerin, Williams, Tom and Colabella, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. LEWIS
(Oct 2, 1997)