PEOPLE v. FOWLER


71 A.D.2d 695 (1979)

The People of the State of New York, Respondent, v. Roberta Fowler, Appellant

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

July 5, 1979


Upon this appeal, the defendant contends that the trial court erred in denying her pretrial motion to suppress identification testimony of witnesses who participated in a photographic identification procedure. The record establishes that the police, while laudably exhibiting some 11 photographs of 10 different, but similar individuals to the eyewitnesses, included in each showing two pictures of the defendant. Such a suggestive procedure cannot be condoned and respondent...

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