Opinion
November 15, 1995
Appeal from the Supreme Court, Monroe County, Bergin, J.
Present — Green, J.P., Lawton, Callahan, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Supreme Court properly denied the motion of defendant to suppress evidence of the victim's showup identification of him. The showup was held at the scene and within a short period of time after the shooting incident. Although the victim was in the presence of another witness (see, People v Duuvon, 77 N.Y.2d 541, 545; People v Love, 57 N.Y.2d 1023, 1024; People v Adams, 53 N.Y.2d 241, 249; People v Jenkins, 175 A.D.2d 648, 649, lv denied 78 N.Y.2d 1012) and defendant was in handcuffs in police custody (see, People v Jones, 149 A.D.2d 970, lv denied 74 N.Y.2d 742), the showup procedures were tolerable in the interest of prompt identification.
The court did not abuse its discretion in denying defendant's motion for youthful offender treatment because defendant's participation in the incident was not "relatively minor" (see, CPL 720.10 [a]; [3] [ii]). In light of defendant's prior youthful offender adjudication, the violent nature of the incident and defendant's lack of remorse, we decline to exercise our power to modify the sentence as a matter of discretion in the interest of justice (see, CPL 470.15 [b]).