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PEOPLE v. GATLING

38 A.D.3d 239 (2007)

831 N.Y.S.2d 157

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL GATLING, Appellant.

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

Decided March 6, 2007.

The court properly denied defendant's suppression motion. The showup identification was not the product of an unlawful seizure. The seizure of defendant, made on the basis of reasonable suspicion, was a brief investigative detention for the purpose of prompt identification by the victim, and the fact that the police detained defendant at gunpoint and used handcuffs did not transform the detention into an arrest requiring probable...

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