PEOPLE v. ALMONTE


135 A.D.2d 824 (1987)

The People of the State of New York, Respondent, v. Juan Almonte, Appellant

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

December 28, 1987


Ordered that the judgment is affirmed.

The record demonstrates that the pretrial photographic identification procedure utilized in this case was fair and nonsuggestive, and, in any event, the complainant had an independent source upon which to base his identification of the defendant. The hearing court accordingly properly denied the defendant's motion to suppress the complainant's in-court identification by the victim. The introduction of evidence of the photographic...

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