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PEOPLE v. RUDAN

112 A.D.2d 255 (1985)

The People of the State of New York, Respondent, v. Christopher Rudan, Appellant

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

July 8, 1985

Judgment affirmed.

The hearing court erred when it found that the photo array was not unduly suggestive. Both identification witnesses were aware that they were looking for a person who was previously described as a white male with a full mustache. The photo array consisted of seven pictures depicting eight males. While the pictures were similar in many respects, only two depicted males with full mustaches. One of those...

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