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PEOPLE v. COX

54 A.D.3d 684 (2008)

863 N.Y.S.2d 697

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE COX, Appellant.

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

September 2, 2008.

Ordered that the judgment is affirmed.

The factual conclusions of the Supreme Court at a Wade hearing (see United States v Wade, 388 U.S. 218 [1967]) that the defense witness's testimony was incredible and that one of the eyewitnesses was not shown a photograph of the defendant prior to the lineup are supported by the record, and therefore should not be disturbed on appeal (see People v Prochilo,

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