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PEOPLE v. THORPE

223 A.D.2d 739 (1996)

637 N.Y.S.2d 212

The People of the State of New York, Respondent, v. David Thorpe, Appellant

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

January 29, 1996

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The branch of the defendant's omnibus motion which was to suppress the eyewitness's identification testimony was properly denied since the evidence adduced at the Wade hearing established that the identification procedures employed were not suggestive. The eyewitness informed the police that he was a passenger in the vehicle from which the fatal shots were

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