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PEOPLE v. ZACHAREK

170 A.D.2d 1008 (1991)

The People of the State of New York, Respondent, v. Matthew Zacharek, Appellant

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

February 1, 1991

Judgment unanimously affirmed.

Memorandum:

The police did not engage in an impermissibly suggestive procedure when they showed a second array to the victim after she had selected from the first array a photograph other than that of defendant. Unlike the facts in People v Payne (149 A.D.2d 542), the police did not tell the victim that the person she had previously identified was not her assailant and they did not suggest...

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