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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALROY BRANIGAN, Appellant

Ordered that the judgment is affirmed.

The defendant contends, among other things, that the People improperly failed to give required notice, pursuant to CPL 710.30, of a showup conducted on a subway platform and a later showup at the police precinct. However, since the complaint had spontaneously identified the defendant on the street, the subway and precinct showups were merely confirmatory, not requiring notice pursuant to CPL 710.30 (see, People v. Wilkins, 190 A.D.2d 874; People v. Duffy, 152 A.D.2d 704; cf., People v Sanford, 184 A.D.2d 671).

We have examined the defendant's remaining contentions and find them to be without merit. Balletta, J.P., Rosenblatt, Joy and Florio, JJ., concur.

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PEOPLE v. BRANIGAN
(Aug 15, 1994)