PEOPLE v. PEREZ


221 A.D.2d 169 (1995)

633 N.Y.S.2d 284

The People of the State of New York, Respondent, v. Vidal Perez, Appellant

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

November 2, 1995


The hearing court properly denied defendant's motion to suppress his lineup identifications by two witnesses. The lineups were not tainted by the witnesses' viewing of a photograph of defendant sixteen days earlier at the precinct. At the time the witnesses were shown the photograph, the police had been led to believe that defendant was a potential victim. Therefore, the earlier identification was not the result of a police-initiated identification procedure (People v...

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