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People v. Sanchez

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 6, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
NELSON SANCHEZ, DEFENDANT-APPELLANT.

Judgments, Supreme Court, New York County, (Daniel P. FitzGerald, J.), rendered October 17, 2007, convicting defendant, after a jury trial, of robbery in the second degree, and also convicting him, upon his plea of guilty, of a robbery in the second degree, and sentencing him to an aggregate term of 4 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J. P., Sweeny, Moskowitz, Acosta, Richter, JJ.

6228/06 1909/07

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, 77 NY2d 541 [1991]). 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 [2007], lv denied 9 NY3d 865 [2007]).

We perceive no basis for granting defendant youthful offender treatment.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091006

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