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PEOPLE v. JACKSON

98 N.Y.2d 555 (2002)

780 N.E.2d 162

750 N.Y.S.2d 561

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD JACKSON, Appellant.

Court of Appeals of the State of New York.

Decided October 17, 2002.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Bruce D. Austern and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Ellen Sue Handman and Carol A. Remer-Smith of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

WESLEY, J.

Defendant Ronald Jackson's convictions in this case stem from an armed robbery. The central issue before us is the effect of the post-Wade hearing loss of a lineup photograph on defendant's appeal of the hearing court's determination that the lineup was not unduly suggestive.

During the early morning hours of August 28, 1998 defendant and codefendant Sean Smallwood...

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