PEOPLE v. LEIBERT

2380, 4021/06

71 A.D.3d 513 (2010)

896 N.Y.S.2d 347

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PERNELL LEIBERT, Appellant.

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

Decided March 16, 2010.


The court properly denied defendant's motion to suppress identification evidence. After a jeweler had already identified defendant, from a store surveillance videotape, as the person who had sold him a distinctive necklace, detectives returned to the store to continue the investigation. During a conversation among the detectives, a detective took out photographs of defendant and his twin brother. The jeweler unexpectedly came up from behind and spontaneously identified defendant...

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