PEOPLE v. MARTE


52 A.D.3d 737 (2008)

860 N.Y.S.2d 191

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOEL MARTE, Appellant.

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

Decided June 17, 2008.


Ordered that the judgment is affirmed.

The defendant's contention that the hearing court erred in refusing to suppress the identification made by the complainant on the ground that it was unreliable as a result of an unduly suggestive pretrial identification procedure is without merit. "A pretrial identification procedure may be considered impermissibly suggestive and, therefore, violative of due process, only when it is the result of improper conduct by law enforcement...

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