People v. Davis, 232 A.D.2d 154 (N.Y. App. Div. 1996). · Go Syfert
People v. Davis, 232 A.D.2d 154 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
14 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Lewis (nyappdiv, 2012-07-06)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (rule) People v. Lewis
N.Y. App. Div. · 2012 · confidence medium
Further, a showup identification procedure is not improper “merely because the police already have probable cause to detain a suspect” (People v Davis, 232 AD2d 154, 154 [1996], lv denied 89 NY2d 941 [1997], lv denied 89 NY2d 1091 [1997]).
discussed Cited as authority (rule) People v. Lewis
N.Y. App. Div. · 2012 · confidence medium
Further, a showup identification procedure is not improper “merely because the police already have probable cause to detain a suspect” (People v Davis, 232 AD2d 154, 154 [1996], lv denied 89 NY2d 941 [1997], lv denied 89 NY2d 1091 [1997]).
discussed Cited as authority (rule) People v. Terborg
N.Y. App. Div. · 2008 · confidence medium
Defendant was apprehended only 20 minutes after he initially fled from the police, and the showup identification procedure, which was conducted approximately one-half mile from the location where the officer initially observed defendant, was “the culmination of an unbroken chain of exigent events” (People v Davis, 232 AD2d 154, 154 [1996], lv denied 89 NY2d 941 , 1091 [1997]; see People v Jackson, 281 AD2d 906, 907 [2001], lv denied 96 NY2d 920 [2001]; People v Boyd, 272 AD2d 898, 899 [2000], lv denied 95 NY2d 850 [2000]).
discussed Cited as authority (rule) People v. Ross
N.Y. App. Div. · 2003 · confidence medium
We reject defendant’s contention that the showup procedure was unnecessary and that a lineup should have been conducted. “[I]t is well settled that a showup identification is not improper merely because the police already have probable cause to detain a suspect” (People v Davis, 232 AD2d 154, 154 [1996], lv denied 89 NY2d 941 , 1091 [1997]).
The People of the State of New York
v.
Steven Davis
Appellate Division of the Supreme Court of the State of New York.
Oct 1, 1996.
232 A.D.2d 154
Cited by 13 opinions  |  Published

—Judgment, Supreme Court, New York County (Antonio Brandveen, J.), rendered July 16, 1992, convicting defendant, after a jury trial, of two counts of robbery in the first degree, and one count each of criminal possession of stolen property in the third degree and reckless endangerment in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 121/2 to 25 years on each of the robbery convictions and 31h to 7 years on the remaining convictions, unanimously affirmed.

Contrary to defendant’s contention that the existence of probable cause to arrest him for possession of a stolen automobile negated the need for his showup with respect to the robbery, it is well settled that a showup identification is not improper merely because the police already have probable cause to detain a suspect (People v Duuvon, 77 NY2d 541, 545). The showup here was the culmination of an unbroken chain of exigent events (supra)—officers meeting with the complainants approximately 10 minutes after the robbery, and, while interviewing them, receiving a radio transmission that a possible suspect in the robbery had been apprehended, and then immediately driving the complainants to where the suspect was being detained no more than 30 blocks from the robbery location. The identification was thus clearly "proximate in time and space to the crime and the fact that defendant was[*155] handcuffed and in the presence of police officers did not render the procedure unduly suggestive” (People v Aponte, 222 AD2d 304, 304-305). Nor do we find any prejudice in the late disclosure of the Rosario material. We have considered defendant’s other arguments, including other aspects of the showup claimed to have been suggestive, and find them to be without merit. Concur—Murphy, P. J., Wallach, Kupferman, Williams and Mazzarelli, JJ.