| Matter of Daquon W. |
| 2012 NY Slip Op 00722 [92 AD3d 422] |
| February 2, 2012 |
| Appellate Division, First Department |
| In the Matter of Daquon W., a Person Alleged to be a JuvenileDelinquent, Respondent. |
—[*1] Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel), forrespondent.
Order, Family Court, New York County (Mary E. Bednar, J.), entered on or about September29, 2010, which granted respondent's motion to suppress evidence, unanimously modified, on thelaw, to extent of denying the motion to suppress any in-court identification of respondent, andotherwise affirmed, without costs. Order, same court and Judge, entered on or about October 8,2010, which dismissed the petition for failure to prosecute, unanimously reversed, on the law,without costs, the petition is reinstated and the matter is remitted to the Family Court for furtherproceedings.
The hearing court suppressed respondent's statement and all identification evidence on theground that respondent's arrest was unlawful. However, the court erred in suppressing thevictim's potential in-court identification.
"As to [an] in-court identification . . . , it is settled that such an identificationwill not be precluded by the fact of an antecedent unlawful seizure, so long as the in-courtidentification proceeds from an independent recollection" (People v Pleasant, 54 NY2d972, 973 [1981], citing United States v Crews, 445 US 463 [1980]). Here, the courtfound that "the two minutes the complainant saw his assailants, at close range, was an adequateamount of time for him to make an independent source identification." The hearing record fullysupports that determination.
We have considered and rejected respondent's procedural claims. In particular, we find [*2]that appellant presentment agency's objections to the hearing court'sruling were sufficiently specific to preserve the issue raised on appeal, and that the court made anexpress finding of independent source. Concur—Mazzarelli, J.P., Friedman, Catterson,Renwick and RomÁn, JJ.