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PEOPLE v. McGHEE

Ind. No. 6041/11. Appeal No. 10089-10089A. Case No. 2016-625.

194 A.D.3d 498 (2021)

146 N.Y.S.3d 635

2021 NY Slip Op 03002

The People of the State of New York, Respondent, v. Darrin McGhee, Appellant.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Ben A. Schatz of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( David P. Stromes of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, Oing, Singh, JJ.

The court should have suppressed an eyewitness's identification of defendant from a surveillance tape. This identification was unduly suggestive, because a detective directed the eyewitness to watch for someone wearing "all brown" in the video, thus impermissibly singling out defendant (see generally People v Edmonson, 75 N.Y.2d 672, 676-677 [1990], cert denied 498 U.S. 1001 [1990]). Based on the testimony at the suppression...

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