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PEOPLE v. BARRY

4035. 4199/14.

150 A.D.3d 516 (2017)

2017 NY Slip Op 03909

52 N.Y.S.3d 224

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAMADOU BARRY, Appellant.

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

Decided May 16, 2017.

The record supports the court's determination that, notwithstanding an unduly suggestive lineup, the victim had an independent source for an in-court identification of defendant (see Neil v Biggers, 409 U.S. 188, 199-200 [1972]; People v Williams, 222 A.D.2d 149, 153 [1st Dept 1996], lv denied 88 N.Y.2d 1072 [1996]). The victim recognized defendant as someone she had encountered numerous...

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