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PEOPLE v. SMART

No. 108 SSM 18.

29 N.Y.3d 1098 (2017)

81 N.E.3d 379

58 N.Y.S.3d 896

2017 NY Slip Op 05269

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW SMART, Appellant.

Court of Appeals of New York.

Decided June 29, 2017.

Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( David P. Greenberg of counsel), for appellant.

Eric Gonzalez , Acting District Attorney, Brooklyn ( Jill Oziemblewski of counsel), for respondent.

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and WILSON concur; Judge FEINMAN taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. The record supports the Appellate Division's finding that the challenged lineup was not unduly suggestive. Accordingly, defendant's claim is beyond our further review (People v McBride, 14 N.Y.3d 440, 448 [2010] [citation omitted]).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals...

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