Opinion
March 29, 2000.
Appeal from Judgment of Monroe County Court, Egan, J. — Robbery, 1st Degree.
PRESENT: PINE, J. P., WISNER, HURLBUTT, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
County Court properly determined that the showup identification of defendant was not unduly suggestive ( see, People v. Duuvon , 77 N.Y.2d 541, 544-545). Defendant was apprehended a short distance from the crime scene, and the showup was conducted at the crime scene approximately 15 minutes after the robbery occurred. Even if we were to assume, arguendo, that defendant was in handcuffs when viewed by complainant, that would not render the showup identification unduly suggestive, nor does the fact that the complainant was told by the police that she would be viewing someone in custody ( see, People v. Edwards , 259 A.D.2d 343, lv denied 93 N.Y.2d 969; People v. Lawhorn , 199 A.D.2d 123, 124, lv denied 83 N.Y.2d 855; see also, People v. Becht , 236 A.D.2d 792, lv denied 89 N.Y.2d 1088, cert denied 522 U.S. 887).