PEOPLE v. JOHNSON

Ind. No. 4843/16. Appeal No. 14067. Case No. 2019-5683.

195 A.D.3d 526 (2021)

148 N.Y.S.3d 471

2021 NY Slip Op 03918

The People of the State of New York, Respondent, v. Darryl Johnson, Appellant.

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

Decided June 17, 2021.


Attorney(s) appearing for the Case

Justin C. Bonus , Forest Hills, for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jonathon Krois of counsel), for respondent.

Concur—Acosta, P.J., Webber, Mazzarelli, Kennedy, JJ.


The court properly denied defendant's motion to suppress a lineup identification. Defendant claims that the otherwise fair lineup was tainted by the victim's prior exposure to his photograph in a photo array, from which the victim failed to make any identification. However, a witness's failure to identify a defendant in an initial photo array does not necessarily mean a subsequent lineup identification was tainted (see People v Chamberlain, 96 A.D...

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