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PEOPLE v. CRUZ

55 A.D.3d 365 (2008)

865 N.Y.S.2d 87

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NELSON CRUZ, Appellant.

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

October 14, 2008.

The court properly denied defendant's motion to suppress the identification testimony of an eyewitness. The witness's lineup identification was not unduly suggestive. The record supports the court's factual determination (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]) that a detective did not tell the witness that the lineup would include the suspected perpetrator. In any event, such information would not have rendered the lineup...

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