PEOPLE v. PRENDERGAST


118 A.D.2d 602 (1986)

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

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

March 3, 1986


Judgment affirmed.

On September 11, 1982, the complainant was raped at knifepoint at about 11:30 A.M. Thereafter, she positively identified the defendant as her assailant, initially from photographs, and subsequently in a lineup.

Contrary to the defendant's contentions on this appeal, we agree with the suppression court's determination that the photographic identification procedure was not impermissibly suggestive or conducted in such a manner as to substantially...

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