MATTER OF Q.


56 A.D.2d 745 (1977)

In the Matter of Benjamin Q., a Person Alleged to be a Juvenile Delinquent, Appellant

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

March 3, 1977


Appellant was found to be one of three youths who assaulted and took a radio from complainant. The same day complainant, in the presence of the police, identified appellant on the street and later again after appellant had been taken into custody. This could not be deemed impermissibly suggestive but, in any event, the facts indicate complainant had an independent source for his in-court identification. The court found that appellant was not the one who struck the complainant...

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