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PEOPLE v. SULAYMAN

Ind. No. 3221/14, Appeal No. 16214, Case No. 2019-1026.

206 A.D.3d 574 (2022)

168 N.Y.S.3d 840

2022 NY Slip Op 04132

The People of the State of New York, Respondent, v. Jassey Sulayman, Appellant.

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

Decided June 28, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Mark W. Zeno of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Diana Wang of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, González, Scarpulla, Higgitt, JJ.

The hearing court should have granted defendant's motion to suppress the victim's identification of defendant in a photo array. The photo array was unduly suggestive because defendant was the only person shown wearing "distinctive clothing ... which fit the description" of the suspect (People v Owens, 74 N.Y.2d 677, 678 [1989]). Moreover, the distinctive clothing was an outstanding feature of the identifying witness's description...

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