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PEOPLE v. MESA

247 A.D.2d 347 (1998)

669 N.Y.S.2d 218

The People of the State of New York, Respondent, v. Antonio Mesa, Also Known as Pedro Mendez, Appellant

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

February 26, 1998

Defendant's motion to suppress identification testimony was properly denied. The fact that defendant was wearing handcuffs during this prompt on-the-scene showup did not make the procedure unduly suggestive (People v Davis, 232 A.D.2d 154, 155, lv denied 89 N.Y.2d 941). Although the police had the recovered property with them due to the fast pace of the events, they did not make any suggestive use of the recovered property...

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