PEOPLE v. STACCIO


187 A.D.2d 755 (1992)

The People of the State of New York, Respondent, v. John Staccio, Appellant

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

November 5, 1992


Defendant contends on appeal that procedures used to identify him were unduly suggestive and require reversal. We disagree. Our examination of the photographic array reveals that there was a sufficient degree of resemblance among the participants to avoid undue suggestiveness (see, People v Butts, 154 A.D.2d 729, lv denied 75 N.Y.2d 867). The fact that the victim had previously...

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