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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GILBERT YEARWOOD, Appellant.

Ordered that the judgment is affirmed.

The defendant contends that the showup, which was held approximately 35 minutes after the robbery and approximately 2 miles from the location of the crime, was unduly suggestive. Given the spatial and temporal proximity between the identification and the crime and subsequent arrest, we conclude that the showup was within the permissible bounds of the governing legal principles and devoid of any undue suggestiveness (see, People v. Duuvon, 77 N.Y.2d 541, 544; People v. Williams, 150 A.D.2d 821; People v. Nimmons, 123 A.D.2d 648).

The defendant's remaining contentions are unpreserved for appellate review or without merit. Thompson, J.P., Miller, Santucci and Joy, JJ., concur.

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PEOPLE v. YEARWOOD
(Oct 4, 1993)