People v. Alford

Appellate Division of the Supreme Court of New York

People v. Alford

186 A.D.2d 43, 588 N.Y.S.2d 15, 1992 N.Y. App. Div. LEXIS 10595

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 17, 1992

StatusPublished

Cited by3 cases

This text of 186 A.D.2d 43 (People v. Alford) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Alford, 186 A.D.2d 43, 588 N.Y.S.2d 15, 1992 N.Y. App. Div. LEXIS 10595 (N.Y. Ct. App. 1992).

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Opinion

Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered January 23, 1991, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of AVz to 9 years imprisonment, unanimously affirmed.

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 AD2d 257, lv denied 77 NY2d 959). The fact that defendant had been handcuffed before being placed in the police car and taken to the scene for identification did [44]*44not transform this investigative detention into a full-blown arrest (see, People v Hicks, 68 NY2d 234, 239-240; People v Allen, 73 NY2d 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 AD2d 465, 465-466, lv denied 79 NY2d 996). Concur—Rosenberger, J. P., Asch, Kassal and Rubin, JJ.

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Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered January 23, 1991, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of AVz to 9 years imprisonment, unanimously affirmed.

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 AD2d 257, lv denied 77 NY2d 959). The fact that defendant had been handcuffed before being placed in the police car and taken to the scene for identification did [44]*44not transform this investigative detention into a full-blown arrest (see, People v Hicks, 68 NY2d 234, 239-240; People v Allen, 73 NY2d 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 AD2d 465, 465-466, lv denied 79 NY2d 996). Concur—Rosenberger, J. P., Asch, Kassal and Rubin, JJ.

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Bluebook (online)

186 A.D.2d 43, 588 N.Y.S.2d 15, 1992 N.Y. App. Div. LEXIS 10595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alford-nyappdiv-1992.

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