PEOPLE v. NOLASCO


70 A.D.3d 972 (2010)

894 N.Y.S.2d 527

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO NOLASCO, Appellant.

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

Decided February 16, 2010.


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

On September 12, 2006, two men, one of whom displayed a handgun, robbed Jorge Morales (hereinafter Jorge) and his brother, Jose Morales (hereinafter Jose), on a residential street, and then fled the area. The next day at the local police precinct house, after viewing numerous photographs on a "photo manager computer," each brother separately picked out a photograph of the defendant, and...

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