People v. Smith
Opinion of the Court
Upon cornering defendant in a parking garage, the officers were entitled to conduct a protective pat down, since the radio call had stated an armed robbery had been committed (see, People v Liner, 133 AD2d 555, appeal dismissed 70 NY2d 945), and to handcuff defendant to protect their own safety (People v Foster, 85 NY2d 1012). Finally, upon receiving word within minutes that the victims of a robbery had been located in a nearby hotel, the officers were entitled to transport the handcuffed suspect to conduct a showup identification (see, supra).
We have considered defendant’s contention that the prompt, on-the-scene showup identification was unduly suggestive and find it to be without merit. Concur—Sullivan, J. P., Ellerin, Ross, Nardelli and Tom, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.