PEOPLE v. BACON


107 A.D.2d 1068 (1985)

The People of the State of New York, Respondent, v. Harry Bacon, Jr., Appellant

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

January 29, 1985


Judgment unanimously affirmed.

Memorandum:

Defendant was convicted of raping an 18-year-old girl in the City of Rochester. The principal issue at trial was identification. Defendant claims the victim's pretrial identification of him was impermissibly suggestive because (1) the photo array contained the names of persons depicted and (2) only defendant had an identifying scar on his face. The victim testified at...

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