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PEOPLE v. SIVELS

134 A.D.2d 381 (1987)

The People of the State of New York, Respondent, v. Wilbur Sivels, Appellant

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

November 9, 1987

Ordered that the judgment is affirmed.

The hearing court correctly found that the first identification of the defendant, which occurred shortly after the crime, was not police initiated since the complainant pointed out the defendant and the codefendant to the police without any prompting. The second identification occurred after the police pursued the fleeing defendant and brought him back to where the complainant and other...

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