PEOPLE v. RUCKER


277 A.D.2d 961 (2000)

716 N.Y.S.2d 548

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARYL D. RUCKER, Appellant.

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

Decided November 13, 2000.


Judgment unanimously affirmed.

Memorandum:

County Court properly denied defendant's motion to suppress the showup identification of defendant by the victim. Defendant was apprehended within 200 yards of the crime scene, and the police conducted the showup within 10 minutes of the crime. Although defendant was identified while wearing handcuffs and in the custody of police officers, the evidence supports the court's determination that the identification procedure...

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