In People v. Mitchell, 185 AD2d 249, 585 N.Y.S.2d 783 [2nd Dept 1992], the People did not produce at the hearing the officers who were seated in the car with the complainant when the identification was made.
In Mitchell, the testifying officer received a description of an individual who had just committed a robbery in the area and upon observing an individual who matched the description, gave chase.
The suspect escaped by jumping over a fence, but the officer communicated a description of the suspect to fellow officers who were in the area. As the officer turned onto the block to where the suspect was running just before his escape, he observed the defendant already in police custody.
At approximately the same time, the officer noticed the complainant, who was sitting in a nearby police car with other officers, positively identify the defendant by pointing him out and saying "That's him."
The identification in Mitchell was a spontaneous, unprompted identification that took place at approximately the same time, that is, simultaneously with the defendant's arrest.