Legal Opinion

People v. Rucker

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 2000PublishedCited by 1 opinion

1Opinion of the Court

—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 was not unduly suggestive (see, People v Tobias, 273 AD2d 925; People v Sanabria, 266 AD2d 41, lv denied 94 NY2d 884). The court…

2Cases cited3 opinions

  1. People v. WintAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. SanabriaAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. TobiasAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by1 opinion

  1. People v. HowingtonAppellate Division of the Supreme Court of the State of New York · 2001

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