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PEOPLE v. SANCHEZ

Appellate Division of the Supreme Court of New York, First Department.
Oct 6, 2009
Important Paras
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The court properly denied defendant's suppression motion. The showup identification made about 15 minutes after the crime within a few blocks of the crime scene was not unduly suggestive ( see People v Duuvon, 11 NY2d 541). The presence of three or four officers alongside the three unhandcuffed suspects was a justified security measure, and even if the victim heard a radio transmission stating that suspects fitting the description he had given had been stopped, a person of ordinary intelligence would have drawn that inference from the circumstances in any event ( see People v Gatling, 38 AD3d 239, 240, lv denied 9 NY3d 865).

We perceive no basis for granting defendant youthful offender treatment.