Opinion
January 18, 1996
Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).
At 3:30 A.M. on February 12, 1993, moments after receiving a radio report of a robbery at a named address and a black male running from the scene, police officers saw defendant, a black male, running away from the reported location, whereupon he entered a parked car and reached beneath the driver's seat as the police approached. Defendant was the only person in the vicinity at that time. Defendant was ordered out of his car and frisked. Minutes later, the victim identified defendant as her assailant, approximately one block from the crime scene. Since the police clearly had reasonable suspicion that defendant had committed a crime, the forcible stop and detention were proper ( People v Smith, 200 A.D.2d 428, lv denied 83 N.Y.2d 915). That defendant was briefly handcuffed while awaiting the victim's arrival did not elevate the detention to an arrest under the circumstances ( People v Allen, 73 N.Y.2d 378, 380). The showup identification was proper in view of its proximity in time and location to the crime scene ( see, People v Duuvon, 77 N.Y.2d 541, 544). Accordingly, the court correctly denied defendant's motion to suppress physical and identification evidence.
Concur — Ellerin, J.P., Rubin, Nardelli, Tom and Mazzarelli, JJ.