PEOPLE v. BOONE


251 A.D.2d 423 (1998)

674 N.Y.S.2d 121

The People of the State of New York, Respondent, v. Waleek Boone, Appellant

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

June 8, 1998


Ordered that the judgment is affirmed.

The defendant contends that he was identified in an unduly-suggestive identification procedure in which only he exhibited a prominent facial scar. We disagree. While it is true that the defendant alone had a facial scar, from the testimony and photographic evidence concerning the lineup, it appears that the defendant was positioned in such a manner that his scar was not visible and that it played no part in the resulting identification...

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