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PEOPLE v. PEYTON

244 A.D.2d 976 (1997)

665 N.Y.S.2d 218

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

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

November 19, 1997

Judgment unanimously affirmed.

Memorandum:

County Court properly determined that the photo array identification procedure used by the investigating officer was not unduly suggestive (see, People v James, 185 A.D.2d 702, lv denied 80 N.Y.2d 930). We conclude that the court properly denied defendant's motion to dismiss the indictment pursuant to CPL 30.30. The...

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