PEOPLE v. MAGEE


122 A.D.2d 227 (1986)

The People of the State of New York, Respondent, v. Kevin Magee, Appellant

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

July 21, 1986


Judgment affirmed, and case remitted to the Supreme Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).

The defendant's first contention is that certain photographic identification procedures were suggestive and required suppression of the in-court identifications by the complainant and her roommate. Specifically, the defendant alleges that the procedures were suggestive because (1) the photograph of the defendant, who was described as having...

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