PEOPLE v. MILLER


43 A.D.2d 605 (1973)

The People of the State of New York, Respondent, v. David Miller, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 1, 1973


The only issue raised is whether the lower court properly concluded that the victim's in-court identification of the defendant was not tainted by an unnecessarily suggestive pretrial showup and photographic identification. Artie Green, the proprietor of a liquor store, testified that the defendant and a companion entered his store and purchased a bottle of wine. They departed but returned shortly and asked for another bottle. Mr. Green recognized them from their earlier visit...

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