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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL ZARO, Appellant.

The hearing court properly refused to suppress testimony of a prompt showup identification by a token booth clerk who had witnessed the robbery and gave the police a detailed and accurate description of defendant. Prompt showup identifications by witnesses following a defendant's arrest at or near the crime scene are desirable to guard against mistakes and the showup procedure employed herein certainly was not unduly suggestive (People v. Duuvon, 77 N.Y.2d 541). In any event, there was, as the court found, an independent source for the witness's in-court identification (see, People v. McMahon, 167 A.D.2d 137, 138).

Concur — Sullivan, J.P., Carro, Milonas, Asch and Rubin, JJ.

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PEOPLE v. ZARO
(Jan 9, 1992)