PEOPLE v. MONTANEZ


151 A.D.2d 616 (1989)

The People of the State of New York, Respondent, v. Fidel Montanez, Appellant

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

June 12, 1989


Ordered that the judgment is affirmed.

We find no merit to the defendant's contention that the photo array shown to the complainant was unduly suggestive thereby warranting preclusion of the complainant's in-court identification testimony. The record reveals that all of the photos fit the general description of the assailants given by the complainant. The fact that defendant and a codefendant appeared in the same array consisting of eight photographs did not create...

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