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PEOPLE v. BURGOS

204 A.D.2d 344 (1994)

611 N.Y.S.2d 605

The People of the State of New York, Respondent, v. Anastacio Burgos, Appellant

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

May 2, 1994

Ordered that the judgment is affirmed.

We disagree with the defendant's contention that he was deprived of the opportunity to demonstrate the suggestiveness of the identification procedures to the hearing court, because the People produced a black and white copy of his photograph rather than the original color photograph that the complainant selected during the second photographic identification procedure.

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