PEOPLE v. BARNES


53 A.D.3d 665 (2008)

860 N.Y.S.2d 918

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILMER BARNES, Appellant.

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

Decided July 29, 2008.


Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that the hearing court improperly denied that branch of his omnibus motion which was to suppress identification testimony on the ground that it was tainted by a suggestive photographic identification procedure. The hearing court's conclusion that the witness's prior familiarity with the defendant was such that he was impervious to police suggestion was supported by the evidence...

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