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PEOPLE v. DUNBAR

2012-01448, 2012-01442.

134 A.D.3d 851 (2015)

20 N.Y.S.3d 656

2015 NY Slip Op 09115

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOUGLAS DUNBAR III, Appellant.

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

Decided December 9, 2015.

Ordered that the judgments are affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal was invalid (see People v Finnegan, 112 A.D.3d 847 [2013]; People v Gil, 109 A.D.3d 484 [2013]).

The County Court properly denied that branch of the defendant's omnibus motion which was to suppress identification evidence. "A photographic array...

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