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PEOPLE v. DAVIS

169 A.D.2d 508 (1991)

The People of the State of New York, Respondent, v. Benjamin Davis, Appellant

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

January 17, 1991

The hearing court erred in concluding that the lineup identification in this case was not suggestive. Defendant was the only person in the lineup wearing clothing that was substantially similar to the clothing described by the complaining witness as worn by the perpetrator of the crime. (See, People v Owens, 74 N.Y.2d 677.) Further, the identifying witness was told before viewing the lineup that the person she previously had...

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