PEOPLE v. FULLER


71 A.D.2d 589 (1979)

The People of the State of New York, Respondent, v. Douglas Fuller, Appellant

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

July 10, 1979


At the Wade hearing, defendant challenged the ability of the sole identifying witness, Mrs. Cruz, to make an in-court identification of defendant at trial. The hearing court ruled that although the showup of a single photograph to the witness was impermissibly suggestive, there nevertheless was an independent source for an in-court identification by her of defendant. Whether such a basis existed is the issue before us. Mrs. Cruz testified at the hearing that on February...

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