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PEOPLE v. VALENTINE

301 A.D.2d 450 (2003)

753 N.Y.S.2d 368

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS VALENTINE, Appellant.

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

Decided January 23, 2003.

Defendant's suppression motion was properly denied. The evidence presented at the Wade hearing, along with the reasonable inferences that the hearing court drew therefrom as set forth in its findings of fact, satisfied the People's initial burden of demonstrating the lack of any undue suggestiveness (see People v Jackson, 98 N.Y.2d 555), and defendant did not meet his ultimate burden of proving that there was a substantial...

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