Opinion
February 11, 1993
Appeal from the Supreme Court, Bronx County (Phylis Skloot Bamberger, J.).
Giving due deference to the hearing court's findings of credibility and fact (People v Rivera, 121 A.D.2d 166, affd 68 N.Y.2d 786), and contrary to defendant's claim on appeal, we hold the police had probable cause to arrest defendant, based upon the combined circumstances that he fit the description of a "burglary in progress" suspect; he was observed attempting to exit the premises in question while hugging a white plastic bag to his body; and he fled at the sight of the police and threw the bag at an officer, who simultaneously received a report from a bystander that defendant said he had a gun (People v De Bour, 40 N.Y.2d 210).
The immediate, on-the-scene showup procedure was reasonable in the circumstances (People v Hicks, 68 N.Y.2d 234, 242), and there is no merit to defendant's claim that because he was handcuffed and sitting in a patrol car at the time of the showup the procedure was rendered unduly suggestive (People v Duuvon, 77 N.Y.2d 541, 545, affg 160 A.D.2d 653).
We have considered defendant's additional arguments and find them to be without merit.
Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Rubin, JJ.