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PEOPLE v. YEARWOOD

222 A.D.2d 245 (1995)

636 N.Y.S.2d 610

The People of the State of New York, Respondent, v. Andre Yearwood, Appellant

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

December 7, 1995

Since the record supports the hearing court's conclusion that the People met their burden of going forward to establish the reasonableness of the police conduct and the lack of any undue suggestiveness in the pretrial identification procedures, and defendant failed to meet his ultimate burden of proving that the procedures were unduly suggestive, there was no need for the People to demonstrate the existence of an independent source...

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