| People v Sanchez |
| 2009 NY Slip Op 07152 [66 AD3d 420] |
| October 6, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Nelson Sanchez, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (John B.F. Martin of counsel), forrespondent.
Judgments, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered October17, 2007, convicting defendant, after a jury trial, of robbery in the second degree, and alsoconvicting him, upon his plea of guilty, of a robbery in the second degree, and sentencing him toan aggregate term of four years, unanimously affirmed.
The court properly denied defendant's suppression motion. The showup identification madeabout 15 minutes after the crime within a few blocks of the crime scene was not undulysuggestive (see People v Duuvon, 77 NY2d 541 [1991]). The presence of three or fourofficers alongside the three unhandcuffed suspects was a justified security measure, and even ifthe victim heard a radio transmission stating that suspects fitting the description he had givenhad been stopped, a person of ordinary intelligence would have drawn that inference from thecircumstances in any event (see Peoplev Gatling, 38 AD3d 239, 240 [2007], lv denied 9 NY3d 865 [2007]).
We perceive no basis for granting defendant youthful offender treatment.Concur—Saxe, J.P., Sweeny, Moskowitz, Acosta and Richter, JJ.