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MATTER OF DAQUON W

6671, 6672

92 A.D.3d 422 (2012)

937 N.Y.S.2d 589

2012 NY Slip Op 722

In the Matter of DAQUON W., a Person Alleged to be a Juvenile Delinquent, Respondent.

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

Decided February 2, 2012.

The hearing court suppressed respondent's statement and all identification evidence on the ground that respondent's arrest was unlawful. However, the court erred in suppressing the victim's potential in-court identification.

"As to [an] in-court identification . . . , it is settled that such an identification will not be precluded by the fact of an antecedent unlawful seizure, so long as the in-court identification proceeds...

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