PEOPLE v. RUBI


19 A.D.3d 139 (2005)

796 N.Y.S.2d 90

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RUBI, Appellant.

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

June 7, 2005.


The court properly denied defendant's suppression motion. The prompt, on-the-scene showup identification was not rendered unduly suggestive by the officer's remark to the witness that the police had a suspect or by the fact that defendant was handcuffed and under police guard (see e.g. People v Smith, 271 A.D.2d 332 [2000], lv denied 95 N.Y.2d 871 [2000]; People v Edwards, 259 A.D.2d 343...

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