PEOPLE v. LARKIN


260 A.D.2d 403 (1999)

688 N.Y.S.2d 184

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN LARKIN, Appellant.

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

Decided April 5, 1999.


Ordered that the judgment is affirmed.

The defendant complains that the photographic array shown to the complainant was unduly suggestive in that he was the only individual depicted wearing a black shirt, which the complainant previously stated had been worn by the robber. This argument is without merit. An identification procedure violates due process only if it is conducted in such a manner that there is "`a very substantial likelihood of irreparable misidentification...

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