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PEOPLE v. ALLEN

98 A.D.2d 973 (1983)

The People of the State of New York, Respondent, v. Jerome Allen, Appellant

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

December 16, 1983

Judgment affirmed.

Memorandum:

There is clear and convincing evidence of an independent basis for the victim's in-court identification of the defendant (People v Ballot, 20 N.Y.2d 600) and that it was not the result of the suggestive showup (Gilbert v California, 388 U.S. 263, 272). In view of the strength of the identification testimony and the overwhelming evidence of guilt...

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