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PEOPLE v. ROSE

112 A.D.2d 252 (1985)

The People of the State of New York, Respondent, v. Michael Rose, Appellant

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

July 8, 1985

Judgment affirmed.

Before trial, defendant moved, inter alia, to suppress identification testimony on the ground that the photographic showup procedure employed by the police was unduly suggestive and conducive to a substantial likelihood of misidentification (see, Simmons v United States, 390 U.S. 377, 384). Following a hearing, the court (Owens, J.) denied the motion...

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