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PEOPLE v. THOMAS

223 A.D.2d 610 (1996)

637 N.Y.S.2d 174

The People of the State of New York, Respondent, v. Duane Thomas, Appellant

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

January 16, 1996

Ordered that the judgment is affirmed.

We disagree with the defendant's contention that the lineup was unduly suggestive because he was asked to smile. The complainant's description of the perpetrator to the police included that he had a decaying tooth. The detective who organized the lineup testified at the suppression hearing that the complainant identified the defendant and then asked the detective to have all of the...

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