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PEOPLE v. MACK

249 A.D.2d 936 (1998)

672 N.Y.S.2d 554

The People of the State of New York, Respondent, v. Clifford Mack, Appellant

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

April 29, 1998

Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that County Court erred in denying his motion to suppress certain identification testimony on the ground that the photo array shown to the identifying witness was unduly suggestive. The fact that two of the 12 individuals whose photographs were shown to the identifying witness did not match the description of defendant does not render...

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