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PEOPLE v. COLEMAN

2017-08740, Ind. No. 983/16.

176 A.D.3d 851 (2019)

107 N.Y.S.3d 877

2019 NY Slip Op 07272

The People of the State of New York, Respondent, v. Windsor K. Coleman, Appellant.

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

Decided October 9, 2019.

Attorney(s) appearing for the Case

Alan Katz , Garden City Park, NY, for appellant.

Madeline Singas , District Attorney, Mineola, NY ( Daniel Bresnahan , Barbara Kornblau , and Hilda Mortensen of counsel), for respondent.

Scheinkman, P.J., Austin, Cohen and Hinds-Radix, JJ., concur.

Ordered that the judgment is affirmed.

Since the People did not offer identification testimony at trial from the confidential informant who identified the defendant from a photo array, the defendant's contention that the hearing court erred in denying suppression of identification testimony is academic (see People v Jones, 131 A.D.3d 1179, 1179-1180 [2015]; People v Harris, 68 A.D.3d 783

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