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PEOPLE v. LAGUER

58 A.D.2d 610 (1977)

The People of the State of New York, Respondent, v. Juan Laguer, Appellant

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

June 13, 1977

Judgment affirmed.

The pretrial photographic identification procedure, though utilizing only a single photograph, was not so unnecessarily or "impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification" (see Simmons v United States, 390 U.S. 377, 384). For all intents and purposes, the sole eyewitness had "identified" appellant as the perpetrator at the scene of the crime. The witness...

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