PEOPLE v. CITRINO

Docket No. 7734.

11 Cal.App.3d 778 (1970)

90 Cal. Rptr. 80

THE PEOPLE, Plaintiff and Respondent, v. ANTHONY CITRINO, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

September 30, 1970.


Attorney(s) appearing for the Case

COUNSEL

Marteen J. Miller, Public Defender, and Michael F. O'Donnell, Deputy Public Defender, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Robert R. Granucci, Michael J. Kelly, Ira J. Ross, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

CHRISTIAN, J.

Anthony Citrino appeals, after trial by jury, from a judgment convicting him of robbery (Pen. Code, § 211.) The question is whether identification testimony upon which the conviction rests should have been excluded as tainted by unduly suggestive pretrial photographic identification procedures.

On the evening of July 10, 1968, two men entered a pharmacy shortly before closing time. The pharmacist...

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