People v. Lynch

• Decision Date: 26 October 1998
• Citation: 680 N.Y.S.2d 112,254 A.D.2d 503
• Parties: 1998 N.Y. Slip Op. 9386 The PEOPLE, etc., Respondent, v. Tyrone LYNCH, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 112

680 N.Y.S.2d 112

1998 N.Y. Slip Op. 9386

The PEOPLE, etc., Respondent, v. Tyrone LYNCH, Appellant.

Supreme Court, Appellate Division, Second Department.

Oct. 26, 1998.

Lynn W.L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Robin A. Forshaw, and Kenneth V. Byrne of counsel), for respondent.

Before JOY, J.P., and FRIEDMANN, KRAUSMAN and LUCIANO, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered June 16, 1997, convicting him of robbery in the second degree and criminal possession of stolen property in the fifth degree, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, after a hearing (McDonald, J.), of those branches of the defendant's omnibus motion which were to suppress identification testimony and physical evidence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the police had reasonable suspicion to detain him for a showup identification by the complainant in close physical and temporal proximity to the crime (see, People v. Duuvon, 77 N.Y.2d 541, 569 N.Y.S.2d 346, 571 N.E.2d 654; People v. Johnson, 244 A.D.2d 573, 665 N.Y.S.2d 678). Moreover, suppression of the physical evidence found upon the defendant's person was properly denied, as it was seized pursuant to a lawful arrest, after the complainant identified the defendant (see, People v. Evans, 43 N.Y.2d 160, 400 N.Y.S.2d 810, 371 N.E.2d 528).