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PEOPLE v. SMITH

137 A.D.2d 732 (1988)

The People of the State of New York, Respondent, v. Augusta Smith, Appellant

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

February 16, 1988

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the hearing court properly concluded that neither the photographic array nor the pretrial lineup conducted at bar was unduly suggestive (see, People v Middleton, 128 A.D.2d 554, lv denied 69 N.Y.2d 1007). Moreover, even if the identification procedures were found to be improper, such finding would not require the suppression of the...

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