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PEOPLE v. MILLER

171 A.D.2d 697 (1991)

The People of the State of New York, Respondent, v. Rankin Miller, Appellant

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

March 4, 1991

Ordered that the judgment is affirmed.

The hearing court erred in failing to suppress testimony regarding the showup identification of the defendant at the station house by a department store security guard (see, People v Riley, 70 N.Y.2d 523; cf., People v Gordon, 76 N.Y.2d 595). However, the court did not err in permitting the security guard to identify the defendant...

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