PEOPLE v. SANTIAGO (1997)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Francisco SANTIAGO, Defendant-Appellant.

Decided: January 09, 1997

Before SULLIVAN, J.P., and WALLACH, WILLIAMS and TOM, JJ.

William L. McGuire, for Respondent. Adam J. Halper, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Alfred Kleiman, J., at suppression hearing; Joan Sudolnik, J., at jury trial and sentence), rendered October 18, 1994, convicting defendant of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 15 years to life, unanimously affirmed.

Defendant's motion to suppress identification testimony was properly denied. Defendant argues, for the first time on appeal, that the prompt on-the-scene showup should have been suppressed because the independent existence of probable cause to arrest eliminated the “necessity” for an immediate identification. This argument was rejected by the Court of Appeals in People v. Duuvon (77 N.Y.2d 541, 545, 569 N.Y.S.2d 346, 571 N.E.2d 654). We find that the showup was justified by its close temporal and spatial proximity to the crime and was not conducted in an unduly suggestive manner. We have considered defendant's remaining contentions, including those relating to the People's summation, and find them to be unpreserved and without merit.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network