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PEOPLE v. BRISCO

99 N.Y.2d 596 (2003)

788 N.E.2d 611

758 N.Y.S.2d 262

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK BRISCO, Appellant.

Court of Appeals of the State of New York.

Decided February 20, 2003.

Attorney(s) appearing for the Case

Legal Aid Society Appeals Bureau, Riverhead (Robert B. Kenney and Robert C. Mitchell of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead (Guy Arcidiacono of counsel), for respondent.

Before: Chief Judge KAYE and Judges CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur; Judge SMITH dissents and votes to reverse in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The sole issue on this appeal is whether the crime scene showup identification of defendant was unduly suggestive when defendant, who was wearing tan shorts and no shirt, was asked to hold a pair of maroon shorts. The maroon shorts belonged to defendant, were found at the house where he was located, and matched the...

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