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PEOPLE v. SCOTT

156 A.D.2d 399 (1989)

The People of the State of New York, Respondent, v. Leonard Scott, Appellant

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

December 4, 1989

Ordered that the judgment is affirmed.

We find that the hearing court properly determined that the People had established, by clear and convincing evidence, that the proposed in-court identification of the defendant by an undercover police investigator was based upon the officer's observations made on the three occasions when he purchased drugs from the defendant (see, Neil v Biggers, 409 U.S. 188, 199-200; People v...

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