People v. Mesa

Judgment, Supreme Court, New York County (Felice Shea, J.), rendered July 28, 1995, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 10 years to life, unanimously affirmed.

Defendant’s motion to suppress identification testimony was properly denied. The fact that defendant was wearing handcuffs during this prompt on-the-scene showup did not make the procedure unduly suggestive (People v Davis, 232 AD2d 154, 155, lv denied 89 NY2d 941). Although the police had the recovered property with them…