People v. Love
| Decision Date | 11 November 1982 |
| Citation | 57 N.Y.2d 1023,443 N.E.2d 948,457 N.Y.S.2d 474 |
| Parties | , 443 N.E.2d 948 The PEOPLE of the State of New York, Respondent, v. William LOVE, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 86 A.D.2d 783, 449 N.Y.S.2d 124, should be affirmed.
To the extent that defendant seeks to argue that the showup was not necessary because Officer Phillips had himself identified defendant, the point has not been preserved for our review. Moreover, though the better practice when feasible is not to conduct a showup before a group of witnesses (People v. Adams, 53 N.Y.2d 241, 249, 440 N.Y.S.2d 902, 53 N.Y.2d 241), procedures that are less than ideal may, as Adams held, be tolerable in the interest of prompt identification. This is particularly so in a case such as the present, in view of the proximity of t apprehension of defendant in time and space (five minutes and one block, cf. People v. Brnja, 50 N.Y.2d 366, 429 N.Y.S.2d 173, 406 N.E.2d 1066) to the scene of the crime. Nor was there any allegation that the conduct of the police was in any way impermissibly suggestive.
Defendant's second claim of error, bolstering contrary to People v. Trowbridge 305 N.Y. 471, 113 N.E.2d 841, was not preserved, the objection stated having been no more than the one word "objection" (People v. West, 56 N.Y.2d 662, 451 N.Y.S.2d 711, 436 N.E.2d 1313).
Order affirmed in memorandum.
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...alone, procedures that are less than ideal are tolerable in the interest of prompt identification (see People v. Love, 57 N.Y.2d 1023, 1024, 457 N.Y.S.2d 474, 443 N.E.2d 948; People v. Adams, 53 N.Y.2d 241, 249, 440 N.Y.S.2d 902, 423 N.E.2d 379). We, therefore, find no merit to defendant's ......
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