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PEOPLE v. SAMUELS

39 A.D.3d 569 (2007)

833 N.Y.S.2d 575

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVON SAMUELS, Appellant.

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

Decided April 3, 2007.

Ordered that the judgment is affirmed.

The defendant contends on appeal that the showup identification was unduly suggestive. The defendant's contention is without merit. The showup took place within 30 minutes of the crime and less than one mile away from the crime scene. The fact that the defendant and his codefendants were handcuffed and in the presence of uniformed officers did not render the showup unduly suggestive (see People v Gilyard,

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