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People v. Clark

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 1998
251 A.D.2d 74 (N.Y. App. Div. 1998)

Opinion

June 9, 1998

Appeal from the Supreme Court, New York County (Daniel FitzGerald, J., at hearing; Edward McLaughlin, J., at plea and sentence).


Defendants suppression motion was properly denied. The showup, taking place only four blocks from and less than one hour after the crime, was permissible ( see, People v. Ortiz, 90 N.Y.2d 533, 537), and was not rendered infirm by the existence of probable cause or suggestive by the fact that defendant was handcuffed seated next to a police officer in a police vehicle ( People v. Espala, 223 A.D.2d 461, lv denied 88 N.Y.2d 847).

We have reviewed defendants remaining contentions, including those contained in his pro se supplemental brief, and find them to be without merit.

Concur — Ellerin, J. P., Nardelli, Rubin, Andrias and Saxe, JJ.


Summaries of

People v. Clark

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 1998
251 A.D.2d 74 (N.Y. App. Div. 1998)
Case details for

People v. Clark

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARTIN CLARK, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 9, 1998

Citations

251 A.D.2d 74 (N.Y. App. Div. 1998)
673 N.Y.S.2d 308

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