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PEOPLE v. LaMONTAGNE

135 A.D.2d 653 (1987)

The People of the State of New York, Respondent, v. Joseph LaMontagne, Appellant

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

December 14, 1987

Ordered that the judgment is affirmed.

We agree with the hearing court that there is no basis for suppressing the testimony of certain witnesses concerning the identification of the defendant at a lineup. Assuming, arguendo, that the witnesses who viewed the lineup were told by a detective that a suspect had been arrested and that, since he had shaved his mustache, all of the participants in the lineup would have mustaches...

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