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People v. Alford

Appellate Division of the Supreme Court of New York, First Department
Sep 17, 1992
186 A.D.2d 43 (N.Y. App. Div. 1992)

Opinion

September 17, 1992

Appeal from the Supreme Court, Bronx County (Richard Lee Price, J.).


In the circumstances the police acted reasonably in the pursuit, apprehension, and transporting of defendant to the scene of the incident for identification by the complainant (see, People v Casanas, 170 A.D.2d 257, lv denied 77 N.Y.2d 959). The fact that defendant had been handcuffed before being placed in the police car and taken to the scene for identification did not transform this investigative detention into a full-blown arrest (see, People v Hicks, 68 N.Y.2d 234, 239-240; People v Allen, 73 N.Y.2d 378). The use of handcuffs as a precautionary measure for the brief time defendant was detained was not unreasonable, particularly since he had already attempted to flee (cf., People v Acevedo, 179 A.D.2d 465, 465-466, lv denied 79 N.Y.2d 996).

Concur — Rosenberger, J.P., Asch, Kassal and Rubin, JJ.


Summaries of

People v. Alford

Appellate Division of the Supreme Court of New York, First Department
Sep 17, 1992
186 A.D.2d 43 (N.Y. App. Div. 1992)
Case details for

People v. Alford

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY ALFORD, Appellant

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

Date published: Sep 17, 1992

Citations

186 A.D.2d 43 (N.Y. App. Div. 1992)
588 N.Y.S.2d 15

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