PEOPLE v. IVEY


272 A.D.2d 883 (2000)

708 N.Y.S.2d 767

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID IVEY, Appellant.

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

Decided May 10, 2000.


Judgment unanimously affirmed.

Memorandum:

Supreme Court properly denied defendant's motion to suppress a victim's identification of defendant. The People met their initial burden of establishing the reasonableness of the police conduct, and defendant failed to meet his ultimate burden of establishing that the photo array was unduly suggestive (see, People v Chipp, 75 N.Y.2d 327, 335, cert denied 498 U.S. 833...

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