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PEOPLE v. RYAN

147 A.D.2d 508 (1989)

The People of the State of New York, Respondent, v. Robert Ryan, Appellant

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

February 6, 1989

Ordered that the case is remitted to the County Court, Suffolk County, for further proceedings in accordance herewith and the appeal is held in abeyance in the interim. The County Court is to file its report with all convenient speed.

The hearing court erred in concluding that the pretrial identification procedure employed, a photographic array, was not suggestive. The defendant was the only subject pictured in front of...

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