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PEOPLE v. McCLARIN

157 A.D.2d 747 (1990)

The People of the State of New York, Respondent, v. Joseph McClarin, Appellant

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

January 16, 1990

Ordered that the judgment is affirmed.

The defendant contends that the hearing court erred in denying his motion to suppress evidence of lineup identifications made by the two complaining witnesses who testified at trial.

We disagree. The standard for determining whether an identification procedure is improperly suggestive is whether it was conducted in such a way that there is a substantial risk of irreparable misidentification...

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