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PEOPLE v. BROWER

2017-10767, Ind. No. 16-01168.

175 A.D.3d 1550 (2019)

106 N.Y.S.3d 885

2019 NY Slip Op 06789

The People of the State of New York, Respondent, v. James Brower, Appellant.

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

Decided September 25, 2019.

Attorney(s) appearing for the Case

Clare J. Degnan , White Plains, NY ( Debra A. Cassidy of counsel), for appellant.

Anthony A. Scarpino, Jr. , District Attorney, White Plains, NY ( Brian R. Pouliot , William C. Milaccio , and Steven A. Bender of counsel), for respondent.

Scheinkman, P.J., Hinds-Radix, LaSalle and Barros, JJ., concur.

Ordered that the judgment, as amended, is affirmed.

We agree with the hearing court's determination denying that branch of the defendant's omnibus motion which was to suppress identification evidence. The pretrial showup and photo array identifications of the defendant were reasonable under the circumstances, and the procedures employed were not unduly suggestive (see People v Slattery, 147 A.D.3d 788 [2017]; People v...

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