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PEOPLE v. GREEN

188 A.D.2d 385 (1992)

The People of the State of New York, Respondent, v. Richard Green, Appellant

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

December 15, 1992

At the conclusion of the hearing on defendant's motion to suppress the identification testimony of the undercover officer, the court ruled that the failure to preserve the pictures used in the array created a rebuttable presumption that the array was suggestive, but also determined that the testimony of the officer who conducted the proceeding was sufficient to overcome the presumption. At the trial, the undercover officer testified...

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