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PEOPLE v. COLON

24 A.D.3d 1114 (2005)

805 N.Y.S.2d 744

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS A. COLON, Appellant.

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

December 29, 2005.

PETERS, J.

Defendant was charged in an indictment with one count of grand larceny in the fourth degree based upon allegations that he stole a pocketbook from the victim at a supermarket in the Town of Amsterdam, Montgomery County. At the conclusion of Wade and Sandoval hearings, County Court ruled, among other things, that a photo array utilized by the police to identify defendant was not unduly suggestive. It also ruled that the People

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