IN RE: Angel W. (2011)

Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), for presentment agency.

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Order of disposition, Family Court, New York County (Mary E. Bednar, J.), entered on or about January 27, 2010, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he had committed acts, which, if committed by an adult, would constitute the crimes of criminal possession of a weapon in the fourth degree and attempted assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly denied appellant's motion to suppress identification testimony.   The record unequivocally establishes that the victim initially identified appellant at a prompt, on-the-scene showup.   Later that night, the victim accidentally viewed appellant at the precinct.   This was not a police-arranged

identification procedure (see People v. Cannon, 13 AD3d 159, 160 [2004], lv denied 4 NY3d 762 [2005] ).   Moreover, since the victim had just made a reliable identification at the scene of the crime, the second viewing was essentially confirmatory, and it was unlikely to have created a risk of misidentification (see People v. Gilbert, 295 A.D.2d 275 [2002], lv denied 99 N.Y.2d 558 [2002] ).   Furthermore, the hearing evidence demonstrated that the victim had an independent source for his identification of appellant.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK