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PEOPLE v. SMITH

198 A.D.2d 174 (1993)

603 N.Y.S.2d 488

The People of the State of New York, Respondent, v. Manuel Smith, Appellant

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

November 23, 1993

The stationhouse identification of defendant was confirmatory in nature. The trained narcotics officer who made the identification had watched defendant sell crack, directed his backup team to arrest defendant, and then watched the arrest. Thus the stationhouse procedure, occurring a short time later, was not impermissibly suggestive (People v Wharton, 74 N.Y.2d 921).

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