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PEOPLE v. ROBERT

184 A.D.2d 597 (1992)

The People of the State of New York, Respondent, v. Evans Robert, Also Known as Robert Charlie Evans, Appellant

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

June 8, 1992

Ordered that the judgment is affirmed.

The defendant argues that both the lineup and in-court identification should have been suppressed. He contends that the lineup identification by a witness was tainted by a suggestive photographic array. Specifically, he claims that the darker, "almost black" background in his photograph, made it stand out from the others.

A photographic display is suggestive where some characteristic...

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