PEOPLE v. HAMILTON


271 A.D.2d 618 (2000)

707 N.Y.S.2d 460

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO HAMILTON, Appellant.

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

Decided April 17, 2000.


Ordered that the judgment is affirmed.

The defendant's sole contention on appeal is that the lineup procedure was tainted by a remark made by a police officer approximately six weeks earlier after the complainant had identified the defendant as the perpetrator by selecting his photograph from a photo array. Although the subject remark may have been inappropriate, the subsequent lineup identification made by the complainant six weeks after the photo identification...

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