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PEOPLE v. ELLIOT

283 A.D.2d 183 (2001)

726 N.Y.S.2d 7

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODNEY ELLIOT, Appellant.

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

Decided May 3, 2001.

Defendant's suppression motion was properly denied. The showup identification was not unduly suggestive (see, People v Duuvon, 77 N.Y.2d 541, 545). The police sergeant's balanced comment, made after the witness expressed some uncertainty as to whether defendant was the person he observed breaking into an apartment in another building, that the police needed to know whether the witness...

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