PEOPLE v. SWINSON


227 A.D.2d 508 (1996)

643 N.Y.S.2d 364

The People of the State of New York, Respondent, v. Roy Swinson, Appellant

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

May 13, 1996


Ordered that the judgment is affirmed.

The hearing court, which saw and heard the witnesses, found that the lineup in question was not suggestive (see, e.g, People v Prochilo, 41 N.Y.2d 759), and we find no reason on this record to disturb its determination. Moreover, in light of the defendant's failure to request any relief at trial regarding the alleged Rosario violation, the defendant's claim in this regard...

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