PEOPLE v. CHERRY


150 A.D.2d 475 (1989)

The People of the State of New York, Respondent, v. Eric Cherry, Appellant

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

May 8, 1989


Ordered that the judgment is affirmed.

The hearing court properly held admissible both the in-court identification of the defendant and the inculpatory statement made by him. A photograph is suggestive when highlighted so as to indicate to the viewer that the police have made a particular selection (see, People v Shea, 54 A.D.2d 722). In this case an eyewitness to the crime, who made an in-court identification of the...

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