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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY EVERETT, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant's sole claim on appeal is that the showup conducted by the police was impermissibly suggestive and denied him due process of law. We disagree. A showup which occurs shortly after a crime and near the crime scene is an acceptable means of securing identification of a suspect (People v Brnja, 50 N.Y.2d 366). A showup is also tolerable in the interest of prompt identification while witnesses' memories are fresh (see, People v Riley, 70 N.Y.2d 523; People v Love, 57 N.Y.2d 1023, 1024).

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PEOPLE v. EVERETT
(Feb 3, 1989)