People v. Velez — 240 A.D.2d 685

Majority

p. 685

The People of the State of New York, Respondent, v Samuel Velez, Appellant.

[659 NYS2d 1016]

Appeal by the defendant from a judgment of the County Court, Westchester County (LaCava, J.), rendered March 18, 1994, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the

p. 686

defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

The hearing court properly determined that the police officers had a reasonable suspicion that the defendant committed a crime, thus authorizing the forcible stop and detention of the defendant (see, People v De Bour, 40 NY2d 210 , 223). Moreover, the court properly determined that the showups made at the scene of the crime, which occurred while the defendant was handcuffed in the rear of a police car, were not so unnecessarily suggestive as to create a substantial likelihood of misidentification (see, People v Duuvon, 77 NY2d 541 ).

The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review (see, CPL 470.05 [2]) or without merit. Miller, J. P., Sullivan, Joy and Altman, JJ., concur.

Cases cited

People v. De Bour 40 NY2d 210 N.Y. 1976-06-15 at 223 p. 686
People v. Duuvon 77 NY2d 541 N.Y. 1991-04-02 p. 686