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PEOPLE v. MEDLEY

172 A.D.2d 630 (1991)

The People of the State of New York, Respondent, v. Wendy L. Medley, Appellant

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

April 8, 1991

Ordered that the judgment is affirmed.

"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" (People v McClarin, 157 A.D.2d 747, 748). Based on the totality of the circumstances in this case, we conclude that no such risk was present here. Significantly, the complainant testified...

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