PEOPLE v. MOORE


193 A.D.2d 627 (1993)

597 N.Y.S.2d 444

The People of the State of New York, Respondent, v. Eric Moore, Appellant

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

May 3, 1993


Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered. The facts have been considered and are determined to have been established.

We disagree with the defendant's contention that the lineup was unduly suggestive because he was the only person in the lineup with visible bandages. Although his arm was bandaged, it was established that he suffered the injuries necessitating those bandages after the incident...

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