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IN THE MATTER OF VICTOR M.

3320

77 A.D.3d 427 (2010)

908 N.Y.S.2d 201

In the Matter of VICTOR M., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided October 7, 2010.

The court properly denied appellant's suppression motion. The showup occurred within close temporal and physical proximity to the incident, and it was not rendered unduly suggestive by the fact that the identifying witness was told that she would be viewing a potential suspect, since any person of ordinary intelligence would have drawn that inference, or by the presence of officers on either side of appellant, which was justified...

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