PEOPLE v. SUTTON


47 A.D.2d 455 (1975)

The People of the State of New York, Respondent, v. Leroy Sutton, Appellant

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

April 17, 1975


Attorney(s) appearing for the Case

Nathaniel A. Barrell (Joseph B. Mistrett of counsel), for appellant.

Edward C. Cosgrove (John De Franks of counsel), for respondent.

MARSH, P. J., SIMONS, MAHONEY and GOLDMAN, JJ., concur.


MOULE, J.

In this appeal we are called upon to determine who has the burden of proof in a pretrial hearing held for the purpose of determining whether photographic identification procedures used by police violated defendant's constitutional right to due process of law. We also have questions relating to the propriety of allowing a police officer to testify at the trial as to defendant's physical characteristics...

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