People v. Libbett

Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his motion to suppress the showup identifications of defendant by the victim and two eyewitnesses. Defendant was apprehended one block from the crime scene, and the showup procedure was conducted at the crime scene approximately 30 minutes after the underlying menacing incident. Contrary to the contention of defendant, the fact that he was in handcuffs and standing next to a police vehicle during the showup procedure does not render the procedure unduly suggestive as a matter of…