PEOPLE v. WHITAKER


186 A.D.2d 503 (1992)

The People of the State of New York, Respondent, v. Michael Whitaker, Appellant

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

October 29, 1992


The evidence at the suppression hearing concerning the procedures used by the police in having two witnesses identify defendant from photographs indicated that each witness independently identified defendant from a non-suggestive photo array. While the testimony left open the possibility that the second witness, who had known defendant previously, saw a signed statement by the first witness concerning his identification of defendant's photograph, this did not occur, if at...

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