PEOPLE & C., RESPONDENT, v. KEVIN BLANCHE, APPELLANT.
90 N.Y.2d 821, 682 N.E.2d 976, 660 N.Y.S.2d 375 ( 1997).
June 5, 1997
4 No. 120 (1997 NY Int. 95)
Decided June 5, 1997
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Olga A. Hazlewood, for Appellant.
Steven Meyer, for Respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed.
The defendant was convicted, following a jury trial, of assault in the
second degree in violation of Penal Law 120.05(2) and criminal
possession of a weapon in the third degree in violation of Penal Law
265.02(1). The main issue on this appeal is w hether a hospital showup
was impermissibly suggestive in violation of the due process clauses
of the Federal and State Constitutions.
On July 25, 1994, in the City of Buffalo, defendant and several other
persons passed by the home of James and Mary Webber and then returned,
when defendant shot James Webber. Shortly thereafter, Mary Webber, who
did not witness the shooting, identifie d defendant at the crime
scene. Defendant was then transported by the police to the hospital
where James Webber had been taken with an abdominal wound. The
defendant was in handcuffs and bleeding from his head when James
Webber identified him.
We reject defendant's argument that a hospital showup is inherently
improper (see, People v Duuvon, 77 NY2d 541, 544, ("prompt showup
identifications by witnesses following a defendant's arrest at or near
the crime scene have been generally allowed and have never been
categorically or presumptively condemned")). Moreover, given the
injury to James Webber and the necessity of a prompt identification,
the showup was not, as defendant claims, unduly suggestive (see, id.).
While defendant also argues that the identifying witness was told,
prior to the identification, that the defendant was under arrest that
argument is not supported by the hearing record.
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SNIPPETS:
PEOPLE & C., RESPONDENT, v. KEVIN BLANCHE, APPELLANT.
This memorandum is uncorrected and subject to revision before publication in the New York
The defendant was convicted, following a jury trial, of assault in the second degree in
The main issue on this appeal is w hether a hospital showup was impermissibly suggestive in
On July 25, 1994, in the City of Buffalo, defendant and several other persons passed by the
We reject defendant's argument that a hospital showup is inherently improper (see, People v
Moreover, given the injury to James Webber and the necessity of a prompt identification, the
While defendant also argues that the identifying witness was told, prior to the
Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.
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