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PEOPLE v. JOHNSON

129 A.D.2d 739 (1987)

The People of the State of New York, Respondent, v. Willie Johnson, Appellant

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

April 20, 1987

Ordered that the judgment is affirmed.

The defendant's motion to suppress the complainant's in-court identification was properly denied. The hearing court ruled that the complainant had an independent source for her in-court identification of the defendant, even though certain errors rendered the pretrial photo array and lineup procedures so unreliable that they had to be suppressed. We agree.

Even if a suggestive...

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