PEOPLE v. BURTS


78 N.Y.2d 20 (1991)

The People of the State of New York, Respondent, v. Derrick Burts, Appellant.

Court of Appeals of the State of New York.

Decided June 4, 1991.


Attorney(s) appearing for the Case

Vincent F. Gugino, Linda S. Reynolds and Barbara Davies Eberl for appellant.

Kevin M. Dillon, District Attorney (Raymond C. Herman and John J. DeFranks of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, and HANCOCK, JR., concur.


BELLACOSA, J.

Defendant was convicted of highway robbery after a jury trial and the Appellate Division eventually affirmed the judgment. Before affirming, however, it concluded that the police used a suggestive photographic identification procedure to obtain defendant's identity from the two robbery victims. That ruling is not before us and is not challenged. The only issue before us on a grant of leave to appeal...

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