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PEOPLE v. KILPATRICK

28 A.D.3d 360 (2006)

813 N.Y.S.2d 82

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CEASAR KILPATRICK, Appellant.

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

April 20, 2006.

Even if we were to find that defendant's waiver of his right to appeal was invalid and that the victim's viewing of a single photograph of defendant was unduly suggestive, we would find that the record supports the hearing court's independent source finding (see Neil v Biggers, 409 U.S. 188, 199-200 [1972]; People v Williams, 222 A.D.2d 149 [1996], lv denied 88 N.Y.2d 1072 [1996]). The...

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