PEOPLE v. STEWART


144 A.D.2d 601 (1988)

The People of the State of New York, Respondent, v. Traver Stewart, Appellant

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

November 21, 1988


Ordered that the judgment, as amended, is affirmed.

The defendant contends that the trial court erred in summarily denying his motion to suppress identification testimony. We disagree. The record indicates that the defendant and the complainant were acquainted with one another and, therefore, the issue of suggestiveness was not relevant (see, People v Tas, 51 N.Y.2d 915, 916; People v Gissendanner,

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