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PEOPLE v. CABAN

181 A.D.2d 787 (1992)

The People of the State of New York, Respondent, v. Louis Caban, Appellant

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

March 16, 1992

Ordered that the judgment is affirmed.

An identification procedure violates due process if under the totality of the circumstances the procedure employed is so "`impermissibly suggestive as to give rise to a substantial likelihood of * * * misidentification'" (Neil v Biggers, 409 U.S. 188, 196-198; People v Duuvon, 77 N.Y.2d 541; People v Reed, 171 A.D.2d 707...

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