PEOPLE v. GONZALEZ


291 A.D.2d 276 (2002)

737 N.Y.S.2d 283

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARTIN GONZALEZ, Appellant.

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

Decided February 14, 2002.


Defendant's suppression motion was properly denied. The court properly found that the complainant's subsequent corporeal identifications of defendant were not tainted by her immediate viewing, without any comment by the detective, of a larger copy of the identical photo she had just selected from a concededly fair photo array. Although the sheet on which the larger photo was printed included a profile view and some minimal information concerning a previous arrest, the complainant...

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