PEOPLE v. SMITH

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

The PEOPLE of the State of New York, Respondent, v. Aaron SMITH, Defendant-Appellant.

Decided: September 25, 2001

NARDELLI, J.P., WILLIAMS, TOM, ANDRIAS and MARLOW, JJ. Cynthia J. Pree, for Respondent. Donald A. Harwood, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (David Stadtmauer, J. at hearings;  Joseph Cerbone, J. at jury trial and sentence), rendered December 23, 1997, convicting defendant of assault in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 6 years to life, unanimously affirmed.

 Defendant's suppression motion was properly denied.   The victim's description was sufficient to provide reasonable suspicion to detain defendant for an identification procedure (see, People v. Braxton, 250 A.D.2d 533, 671 N.Y.S.2d 979, lv. denied 92 N.Y.2d 894, 680 N.Y.S.2d 57, 702 N.E.2d 842).   Although the showup occurred in front of a police station, the circumstances were not unduly suggestive.   The crime had occurred approximately 35 minutes before the showup, a few blocks away.   The victim, who had not been alerted that he was going to be given the opportunity to make an identification, identified defendant, who was not in handcuffs, without any prompting.   Furthermore, exigent circumstances were present in that the complainant required medical treatment (see, People v. Riley, 70 N.Y.2d 523, 529, 522 N.Y.S.2d 842, 517 N.E.2d 520;  People v. Bradley, 234 A.D.2d 21, 650 N.Y.S.2d 646, lv. denied 89 N.Y.2d 1009, 658 N.Y.S.2d 247, 680 N.E.2d 621).

The verdict was not against the weight of the evidence.   As we found on the codefendant's appeal (People v. Carter, 265 A.D.2d 211, 696 N.Y.S.2d 808, lv. denied 94 N.Y.2d 861, 704 N.Y.S.2d 536, 725 N.E.2d 1098), there is no basis upon which to disturb the jury's determinations concerning credibility.