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PEOPLE v. BLANCHE

90 N.Y.2d 821 (1997)

682 N.E.2d 976

660 N.Y.S.2d 375

The People of the State of New York, Respondent, v. Kevin Blanche, Appellant.

Court of Appeals of the State of New York.

Decided June 5, 1997.

Attorney(s) appearing for the Case

Olga A. Hazlewood, Buffalo, Linda S. Reynolds and Barbara J. Davies for appellant.

Frank J. Clark, District Attorney of Erie County, Buffalo (Steven Meyer and J. Michael Marion of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The defendant was convicted, following a jury trial, of assault in the second degree in violation of Penal Law § 120.05 (2) and criminal possession of a weapon in the third degree in violation of Penal Law § 265.02 (1). The main issue on this appeal is whether a hospital showup was impermissibly suggestive in violation of the Due Process...

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