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PEOPLE v. ARMSTRONG

Appellate Division of the Supreme Court of New York, Second Department.
Apr 15, 1985

Judgment affirmed.

On the record before us, we find, contrary to the determination of the hearing court, that there was probable cause for the defendant's arrest and that the subsequent showup identification should have been admitted ( People v. Miner, 42 N.Y.2d 937; People v. Santana, 106 A.D.2d 523). In any event, the evidence produced at the hearing clearly established an independent source for the in-court identification. Accordingly, that branch of defendant's motion which sought suppression of the complainant's in-court identification was properly denied ( People v. Pleasant, 54 N.Y.2d 972). Titone, J.P., Thompson, Bracken and Rubin, JJ., concur.