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PEOPLE v. ROBINSON

207 A.D.2d 363 (1994)

615 N.Y.S.2d 451

The People of the State of New York, Respondent, v. Johnny Ray Robinson, Appellant

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

August 1, 1994

Ordered that the judgment is affirmed.

There is sufficient evidence to support the hearing court's determination that neither the photographic array viewed by a witness on February 16, 1989, nor the lineup conducted on December 19, 1989, was impermissibly suggestive. Despite the fact that the defendant failed to preserve this issue for appellate review (see, People v Russell, 79 N.Y.2d 1024), we find that any potential...

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