People v. Harris

203 A.D.2d 98, 610 N.Y.S.2d 216, 1994 N.Y. App. Div. LEXIS 3820

Opinion

—Judgment, Supreme Court, New York County (Michael Corriero, J.), rendered June 17, 1992, convicting defendant, after a jury trial, of robbery in the first degree, burglary in the first degree, and burglary in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 10 to 20 years, 10 to 20 years, and 3ti to 7 years, respectively, unanimously affirmed.

Defendant broke into the victim’s apartment, and stole cash and a tape deck, which he placed in a shopping bag. Police responded moments later. Defendant, who was dressed as described by the victim, and a companion were apprehended a couple of blocks away about 20 minutes later, carrying a shopping bag. The shopping bag contained a tape deck. Defendant was brought back to the victim’s apartment moments later for a confirmatory showup. Under the circumstances, there is no reason to conclude that the showup was inappropriately conducted (see, People v Duuvon, 77 NY2d 541). Defendant was apprehended in close proximity of time and location to the crime (see, People v King, 159 AD2d 306, lv denied 76 NY2d 738).

Defendant’s contention that since the police had probable cause to arrest him for possession of stolen property, they should have conducted a lineup, rather than a showup, is without merit (see, People v Torres, 169 AD2d 584, lv denied 77 NY2d 911; People v Ruiz, 190 AD2d 572).

We have considered defendant’s remaining contentions and find them to be without merit. Concur — Sullivan, J. P., Asch, Nardelli and Tom, JJ.