PEOPLE v. SMITH


63 A.D.2d 754 (1978)

The People of the State of New York, Respondent, v. James G. Smith, Appellant

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

May 4, 1978


The principal issue is whether the trial court committed reversible error in denying defendant's motion to suppress identification testimony. Defendant's contention that the in-court identification was the result of a previous show-up identification procedure so suggestive as to deny him due process is without merit. Rose Lawlor, a bank teller, testified that on October 12, 1976 she spent approximately 25 minutes with defendant assisting him in opening a savings account into...

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