PEOPLE v. ELLIS


33 A.D.3d 567 (2006)

824 N.Y.S.2d 16

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE ELLIS, Appellant.

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

Decided October 31, 2006.


Were we to find that the photo identification was unduly suggestive, and were we to further find that the victim's lineup and in-court identifications should have been suppressed, we would nevertheless find any error to be harmless. Defendant conceded the element of identity in his own trial testimony (see People v Jorgensen, 298 A.D.2d 209 [2002], lv denied 99 N.Y.2d 616 [2003]...

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