PEOPLE v. FRANCIS


67 A.D.2d 686 (1979)

The People of the State of New York, Appellant, v. Albert Francis, Respondent

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

January 15, 1979


Order reversed, on the law and the facts, and motion denied.

We have examined the folders of photographs used by the police in seeking a photographic identification by the witnesses and find that there was no suggestiveness in the procedure employed. While the defendant's picture appears in each of the three folders used by the police, there are other pictures contained therein which are also repeated. It is true that the witnesses should not have been shown the folders...

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