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PEOPLE v. PLANES

225 A.D.2d 708 (1996)

640 N.Y.S.2d 134

The People of the State of New York, Respondent, v. Juan Planes, Appellant

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

March 18, 1996

Ordered that the judgment is affirmed.

While showups are generally disfavored (see, People v Riley, 70 N.Y.2d 523), the People elicited hearing testimony establishing that the eyewitness knew the defendant. The defendant did not challenge the witness's familiarity with him, but only argued that the identification was suggestive (cf., People v Rodriguez, 79 N.Y.2d 445

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