PEOPLE v. HOWARD


130 A.D.2d 384 (1987)

The People of the State of New York, Respondent, v. James Howard, Appellant

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

May 14, 1987


Prior to trial, the court suppressed the complainant's lineup identification of defendant as unduly suggestive but held that she could nonetheless make an in-court identification on the ground that the identification had an independent basis. Defendant now argues that the complainant should not have been allowed to identify defendant during trial since the People did not establish an independent source for her identification. However, an examination of the record herein demonstrates...

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