PEOPLE v. HARRIS

Defendant broke into the victim's apartment, and stole cash and a tape deck, which he placed in a shopping bag. Police responded moments later. Defendant, who was dressed as described by the victim, and a companion were apprehended a couple of blocks away about 20 minutes later, carrying a shopping bag. The shopping bag contained a tape deck. Defendant was brought back to the victim's apartment moments later for a confirmatory showup. Under the circumstances, there is no reason to conclude that the showup was inappropriately conducted (see, People v Duuvon, 77 N.Y.2d 541). Defendant was apprehended in close proximity of time and location to the crime (see, People v King, 159 A.D.2d 306, lv denied 76 N.Y.2d 738).

Defendant's contention that since the police had probable cause to arrest him for possession of stolen property, they should have conducted a lineup, rather than a showup, is without merit (see, People v Torres, 169 A.D.2d 584, lv denied 77 N.Y.2d 911; People v Ruiz, 190 A.D.2d 572).

We have considered defendant's remaining contentions and find them to be without merit.

Concur — Sullivan, J.P., Asch, Nardelli and Tom, JJ.