PEOPLE v. PHILLIPS


4 A.D.3d 233 (2004)

771 N.Y.S.2d 658

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARQUIS PHILLIPS, Appellant.

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

February 24, 2004.


Defendant was arrested on a Manhattan street. His omnibus motion included an application to suppress identification evidence. This was prompted by a statement in the District Attorney's voluntary disclosure form that there had been an identifying witness. In support of his motion, defendant alleged in detail that the identification procedure had been arranged by the police, and that such procedure had been unduly suggestive. Although the People countered this contention in...

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