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PEOPLE v. WHACK

148 A.D.2d 560 (1989)

The People of the State of New York, Respondent, v. Larry Whack, Appellant

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

March 13, 1989

Ordered that the judgment is affirmed.

The hearing court's determination that there was an independent source for the prospective in-court identification testimony, notwithstanding the suppression of the unduly suggestive out-of-court identification, finds adequate support in the record. According to the complainant's testimony, both the robberies of March 15, 1981, and April 2, 1981, occurred in a well-lit area. Immediately...

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