PEOPLE v. COLON


39 A.D.3d 233 (2007)

833 N.Y.S.2d 434

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

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

Decided April 3, 2007.


The court properly denied defendant's motion to suppress the assault victim's lineup and in-court identifications. The lineup was not the fruit of an unlawful arrest. Regardless of the circumstances of defendant's initial arrest, which were inadequately developed at the hearing, the hearing evidence clearly established that, at least at the time of the lineup (see People v Garcia, 281 A.D.2d 234

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