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PEOPLE v. MARTINEZ

151 A.D.2d 786 (1989)

The People of the State of New York, Respondent, v. Angelo Martinez, Appellant

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

June 26, 1989

Ordered that the judgment is affirmed.

The defendant contends that testimony relating to a witness's lineup identification should have been excluded from trial. The witness, prior to the lineup, was informed by a detective that the person whose photograph he had picked out of a photographic array was going to be present in the lineup. This fact, in and of itself, did not render the lineup impermissibly suggestive where,...

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