PEOPLE v. MASON


138 A.D.2d 411 (1988)

The People of the State of New York, Respondent, v. Lorenzo Mason, Appellant

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

March 7, 1988


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the prosecution's failure to preserve the photographic array from which the complaining witnesses identified the defendant did not render the identification impermissibly suggestive where the array contained some 50 photos which had not been compiled specifically for this case. Ordinarily, it is incumbent upon the People to preserve a photo array so that a court may determine whether the...

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