PEOPLE v. HOWINGTON


284 A.D.2d 1009 (2001)

726 N.Y.S.2d 892

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYWAN HOWINGTON, Appellant.

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

Decided June 8, 2001.


Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that County Court erred in denying his motion to suppress the showup identification by the victim. Defendant was apprehended within 200 yards of the crime scene, and the police conducted the showup within 15 minutes of the crime. Although the showup occurred while defendant was wearing handcuffs and in the custody of police officers, the evidence supports the court's determination...

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