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PEOPLE v. GARCIA

2013-11384, 2013-11385, 2013-11386.

139 A.D.3d 1090 (2016)

30 N.Y.S.3d 845

2016 NY Slip Op 04073

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK GARCIA, Appellant.

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

Decided May 25, 2016.

Ordered that the judgments are affirmed.

Contrary to the defendant's contention, the County Court properly denied that branch of his omnibus motion which was to suppress identification testimony. The complaining witness's accidental viewing of the defendant's photograph was not the product of any suggestive or improper police conduct (see People v Lima, 2 A.D.3d 754, 754 [2003]; People v Curry, 287...

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