The hearing court properly held that a pretrial photographic identification of defendant Montalvo by an eyewitness to the murder was not unduly suggestive and did not taint the witness' in-court identification. There was ample evidence of independent source identification, as the witness had sufficient opportunity to view defendant Montalvo at the crime scene, and had occasion to note defendant Montalvo's appearance approximately two weeks before the crime (see, e.g.<...
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