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PEOPLE v. MALCOLM

139 Misc.2d 140 (1988)

The People of the State of New York, Plaintiff, v. Joel Malcolm, Defendant.

Supreme Court, Kings County.

February 18, 1988

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (John Pearson Kelly of counsel), for plaintiff. Stephen A. Dean for defendant.

HAROLD FERTIG, J.

"Showup" identification procedures are generally required to confirm the identity of a subject based upon a complainant's description of a perpetrator. This case involves an incident where the "showup" was conducted after the complainant pointed out the alleged perpetrator to police officers and the officers had an opportunity to observe him themselves.

After a hearing to determine the admissibility of an identification

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