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PEOPLE v. GARNER

2350, 466/07, 2648/05

71 A.D.3d 491 (2010)

899 N.Y.S.2d 145

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYKEI GARNER, Appellant.

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

Decided March 11, 2010.

The court properly denied defendant's motion to suppress identification testimony. As part of a long-term operation, an undercover officer made a drug buy from defendant and identified him from a photo array six weeks later, and from a lineup two months after that. Neither procedure was unduly suggestive (see People v Chipp, 75 N.Y.2d 327, 336 [1990], cert denied 498 U.S. 833 [1990]). In each procedure, the participants...

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