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PEOPLE v. CLARK

251 A.D.2d 74 (1998)

673 N.Y.S.2d 308

The People of the State of New York, Respondent, v. Martin Clark, Appellant

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

June 9, 1998

Defendant's suppression motion was properly denied. The showup, taking place only four blocks from and less than one hour after the crime, was permissible (see, People v Ortiz, 90 N.Y.2d 533, 537), and was not rendered infirm by the existence of probable cause or suggestive by the fact that defendant was handcuffed seated next to a police officer in a police vehicle (People v Espala, 223 A.D.2d 461...

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