IN RE: Daniel E.

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

IN RE: Daniel E., A Person Alleged to be a Juvenile Delinquent, Appellant.  Presentment Agency

4629

Decided: March 29, 2011

Mazzarelli, J.P., Saxe, Renwick, DeGrasse, Richter, JJ. Feinman & Grossbard, P.C., White Plains (Steven N. Feinman of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Alyse Fiori of counsel), for presentment agency.

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Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about April 16, 2010, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts, which if committed by an adult, would constitute the crimes of assault in the third degree and menacing in the third degree, and placed him in the custody of the Office of Children and Family Services for a period of 10 months, unanimously affirmed, without costs.

The court properly denied appellant's suppression motion.   The showup identification was made in close temporal and spatial proximity to the crime, and it was not rendered unduly suggestive by any of the circumstances cited by appellant, each of which was either inherent in any showup or justified by the exigencies of the situation (see e. g. Matter of Terron B., 77 AD3d 499 [2010] ).   Appellant and the other suspects were lawfully detained on the basis of a joint description that was sufficiently specific, given the temporal and spatial factors, to provide reasonable suspicion (see e. g. People v. Rodriguez, 262 A.D.2d 177 [1999] ).

The court's fact-finding determination was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348–349 [2007] ).   The victim testified that appellant was a member of the group that attacked him, and that every member of this group hit and kicked him.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK