PEOPLE v. CRUZ


141 A.D.2d 663 (1988)

The People of the State of New York, v. James Cruz, Appellant

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

June 13, 1988


Ordered that the judgment is modified, on the law, by reversing the conviction of attempted robbery in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed; the facts have been considered and determined to have been established.

The introduction of a showup identification into evidence was proper because, under the totality of the circumstances, the procedures used were not so...

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