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PEOPLE v. DeLAROSA

228 A.D.2d 273 (1996)

644 N.Y.S.2d 34

The People of the State of New York, Respondent, v. Jose DeLarosa, True Name Jose DeLa Rosa, Appellant

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

June 13, 1996

Accepting the hearing court's findings of credibility (see, People v Prochilo, 41 N.Y.2d 759, 761), defendant has failed to carry his burden of demonstrating (see, People v Chipp, 75 N.Y.2d 327, 335, cert denied 498 U.S. 833) that the first officer's stationhouse identification of him, while he was unrestrained and not at that point a suspect, was somehow prompted or...

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