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PEOPLE v. GARAY

136 A.D.2d 652 (1988)

The People of the State of New York, Respondent, v. Fernando Garay, Appellant

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

January 19, 1988

Ordered that the judgment is affirmed.

Although we conclude that the lineup identification of the defendant, which was suppressed, occurred under suggestive circumstances, the People established that the identifying witness had an independent source on which to base an in-court identification (see, Manson v Brathwaite, 432 U.S. 98; United States v Wade, 388 U.S. 218; People v Adams...

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