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PEOPLE v. SMITH

245 A.D.2d 16 (1997)

666 N.Y.S.2d 404

The People of the State of New York, Respondent, v. Leon Smith, Appellant

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

December 2, 1997

Defendant's suppression motion was properly denied. The circumstances of the showup identification were not unduly suggestive (People v Espala, 223 A.D.2d 461, lv denied 88 N.Y.2d 847; see also, People v Rodriguez, 64 N.Y.2d 738).

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility and reliability...

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