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PEOPLE v. COTTERELL

251 A.D.2d 679 (1998)

675 N.Y.S.2d 613

The People of the State New York, Respondent, v. Phillip Cotterell, Appellant

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

June 29, 1998

Ordered that the judgment is affirmed.

A photographic display is suggestive where some characteristics of one picture draw the viewer's attention to the subject of that picture, indicating that the police have made a particular selection (see, People v Cherry, 150 A.D.2d 475). The six-picture array employed in this case was not suggestive. All of the participants, including the defendant, were close in age, and had...

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