PEOPLE v. MEJIA


292 A.D.2d 189 (2002)

739 N.Y.S.2d 42

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORGE MEJIA, Appellant.

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

Decided March 7, 2002.


The court properly denied defendant's motion to suppress identification testimony on Fourth Amendment grounds. Even if photographs of defendant were unlawfully removed from his home, it was not these photographs, but only police photographs that were used in the photo arrays and the record does not establish that the police photographs were located as a result of the acquisition of the private photographs. On the contrary, the detectives had independently learned of defendant...

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