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PEOPLE v. CRUZ

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129 A.D.3d 119 (2015)

10 N.Y.S.3d 214

2015 NY Slip Op 04597

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS CRUZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KAREEM SANTIAGO, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DIMITRI MARSHALL, Appellant.

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

Decided June 2, 2015.

Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, New York City ( Frances A. Gallagher of counsel), for Thomas Cruz, appellant.

Robert S. Dean , Center for Appellate Litigation, New York City ( Mark W. Zeno and James D. Gibbons of counsel), for Kareem Santiago, appellant.

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Eunice C. Lee of counsel), and Fried, Frank, Harris, Shriver & Jacobson LLP, New York City ( Victorien Wu and Jennifer L. Colyer of counsel), for Dimitri Marshall, appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Susan Axelrod of counsel), for respondent.

RENWICK and KAPNICK, JJ., concur with GISCHE, J.; TOM, J., dissents in a separate opinion in which GONZALEZ, P.J., concurs.

OPINION OF THE COURT

Central to each of these appeals is the issue of whether a showup identification of the defendants made by the complainant in a nearby garage, approximately one hour after a 911 call reporting a crime, is unreliable because it was the product of an unduly suggestive procedure. Police officers Myskowsky and...

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