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THE PEOPLE, ETC., respondent, v. MARK VAUGHAN, appellant.

ORDERED that the judgment is affirmed.

The defendant's contention that the showup identification was the fruit of an unlawful arrest is without merit. The police had reasonable suspicion to forcibly stop and detain the defendant based upon the totality of the circumstances (see People v. Martinez, 80 N.Y.2d 444; People v. Warren, 276 A.D.2d 505; People v. Archibald, 269 A.D.2d 602). The defendant matched the description of the perpetrator furnished by the complainant and was observed near the stolen property in close proximity to the crime scene (see People v. Sharpe, 259 A.D.2d 639; People v. Douglas, 254 A.D.2d 367; People v. Wilson, 225 A.D.2d 458). The complainant's subsequent identification of the defendant during the showup provided probable cause for his arrest (see People v. Martinez, supra; People v. Santos, 286 A.D.2d 449, lv denied 97 N.Y.2d 709; People v. Farr, 262 A.D.2d 580).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review (see CPL 470.05) or without merit.

PRUDENTI, P.J., FEUERSTEIN, FRIEDMANN and H. MILLER, JJ., concur.

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PEOPLE v. VAUGHAN
(Apr 22, 2002)