No. 9312SC463.

441 S.E.2d 621 (1994)

114 N.C. App. 156

STATE of North Carolina v. Gregory Clement CAPPS.

Court of Appeals of North Carolina.

April 5, 1994.

Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. Sueanna P. Sumpter, Raleigh, for the State.

John G. Humphrey, II, Fayetteville, for defendant-appellant.

COZORT, Judge.

The main issue presented by this appeal is whether the trial court erred by denying defendant's motion to suppress identification evidence. We find the identification procedure used by police, a "showup," was unduly suggestive. We also find, however, that under the totality of the circumstances present here, the identification of each witness was sufficiently reliable to be admissible. Defendant was charged with robbery with a firearm in violation of...

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