People v. Gonzalez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, New York County (Allen Alpert, J., at Wade hearing; Joan Carey, J., at plea and sentence), rendered September 11, 1990, convicting defendant, upon his plea of guilty, of assault in the third degree, and sentencing him to a prison term of 9 months, unanimously affirmed.
The challenged showup, which occurred in close proximity to the time and place of the crime while defendant was sitting handcuffed in the back of a police patrol car, was not unduly suggestive (see, People v Duuvon, 77 NY2d 541; People v Ford, 195 AD2d 298, lv denied 82 NY2d 805). A showup procedure…
2Cases cited3 opinions
- People v. DuuvonNew York Court of Appeals · 1991
- People v. LoveNew York Court of Appeals · 1982
- People v. FordAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by2 opinions
- People v. RementeriaAppellate Division of the Supreme Court of the State of New York · 1997
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2005