PEOPLE v. STATON

NO. 68SSM42

28 N.Y.3d 1160 (2017)

71 N.E.3d 939

49 N.Y.S.3d 351

2017 NY Slip Op 01257

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREN STATON, Appellant.

Court of Appeals of New York.

Decided February 16, 2017.


Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Bryan D. Kreykes of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Merri Turk Lasky of counsel), for respondent.

Chief Judge DiFIORE and Judges RIVERA, ABDUS-SALAAM, STEIN, FAHEY, GARCIA and WILSON concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant Darren Staton appeals from an order of the Appellate Division, which affirmed Supreme Court's judgment and brings up for review denial of defendant's motion to suppress identification testimony and his subsequent conviction. Defendant argues that the pretrial photo array that led to his arrest was unduly suggestive because he appeared older than the...

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