PEOPLE v. CUNNINGHAM


15 A.D.3d 945 (2005)

788 N.Y.S.2d 790

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCUS CUNNINGHAM, Appellant.

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

February 4, 2005.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him upon a jury verdict of robbery in the first degree (Penal Law § 160.15 [4]). The charge arose from the robbery of a taxi driver in the City of Buffalo by two men, one of whom displayed a shotgun.

We reject the contention of defendant that the identification procedure was unduly suggestive...

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