People v. James

192 A.D.2d 496, 597 N.Y.S.2d 300, 1993 N.Y. App. Div. LEXIS 4399

Opinion

—Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered September 27, 1991, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of 5 to 10 years, unanimously affirmed.

The show-up identification, obtained 20 minutes after the incident and within 5 or 6 blocks of the subway site of the crime, was not unduly suggestive (People v Love, 57 NY2d 1023; People v Muhammad, 159 AD2d 266, lv denied 76 NY2d 740). Show-up identifications, proximate in time and place to the crime, are deemed trustworthy because the memory of the identifying witness is fresh (People v Logan, 25 NY2d 184, 194, cert denied 396 US 1020). Concur — Rosenberger, J. P., Ellerin, Asch and Rubin, JJ.