PEOPLE v. GONZALEZ


168 A.D.2d 283 (1990)

The People of the State of New York, Respondent, v. Jose Gonzalez, Also Known as Juan Perez, Appellant

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

December 11, 1990


The hearing court properly found that the complainant's out-of-court identifications of defendant were not unnecessarily suggestive or conducive to mistaken identification. The fact that the photographic array and the photograph of the lineup were apparently lost sometime after trial does not give rise to an inference that the array or lineup was suggestive, since the hearing court had the opportunity to view the photographs and determined that they were not unduly suggestive...

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