PEOPLE v. MONROE


135 A.D.2d 741 (1987)

The People of the State of New York, Respondent, v. Derrick Monroe, Appellant

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

December 21, 1987


Ordered that the judgment is affirmed.

Initially we note that the pretrial identification was not unduly suggestive. The victim was asked if she recognized anyone in the lineup and she immediately identified the defendant. She did not observe the defendant or the stand-ins prior to the lineup, and no suggestion was made as to whom she should select. As the arresting officer's testimony as to these facts was sufficient, there was no need to subject the eight-year-old...

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