PEOPLE v. ESPALA


223 A.D.2d 461 (1996)

637 N.Y.S.2d 366

The People of the State of New York, Respondent, v. Juan Espala, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 23, 1996


Defendant's motions to suppress identification and physical evidence were properly denied. Of defendant's present claims regarding undue suggestiveness in the conduct of the showup identification, only that based upon the fact he was handcuffed at the time of the identification was raised before the hearing court and thus, the remaining contentions are unpreserved (CPL 470.05 [2]). In any event, under the circumstances, the showup...

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