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PEOPLE v. DIAZ

249 A.D.2d 486 (1998)

671 N.Y.S.2d 670

The People of the State of New York, Respondent, v. Jose Diaz, Appellant

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

April 20, 1998

Ordered that the judgment is affirmed.

We find that proper procedures were utilized by the police which led to the separate identifications of the defendant in two photographic arrays by complainants in two separate robberies. The separate identifications were not made under circumstances conducive to unduly suggestive identification.

Viewing the evidence in the light most favorable to the prosecution (see

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