People v. Jones

Defendant was convicted, after bench trial, of robbery. Court properly denied Defendant's motion to suppress robbery victim's identification testimony. The fact that Defendant was handcuffed and in police custody is not, standing alone, sufficient for Defendant to carry burden to show that identification procedure was unduly suggestive. Under the circumstances, police had ample reason to conduct a showup, as opposed to waiting to assemble a multi-person lineup or photo array at police station. No ineffective assistance of counsel by failing to have a 3rd party witness her conversation with robbery victim, in hallway outside courtroom. (HOFFMAN and ROCHFORD, concurring.)