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CUNNINGHAM v. UNITED STATES

No. 12417, 12452.

391 A.2d 1360 (1978)

Edgar L. CUNNINGHAM, Appellant, v. UNITED STATES, Appellee. Anthony L. CUNNINGHAM, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 11, 1978.

Attorney(s) appearing for the Case

Susan L. Moss, appointed by this court, for appellant Edgar L. Cunningham.

Frank J. Costello, Washington, D. C., appointed by this court, for appellant Anthony L. Cunningham.

John H. E. Bayly, Jr., Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Jeffrey T. Demerath and Michael W. Farrell, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, and KERN and YEAGLEY, Associate Judges.

PER CURIAM:

Appellants seek reversal of their convictions for grand larceny of auto tires, arguing that the trial court erred in failing to suppress two identifications of appellant Edgar Cunningham by the arresting officer. Appellants claim that the identification had a causal relationship to unlawful pre-arrest police conduct and thus should have been suppressed pursuant to the rationale set forth by this court in Crews v. United States, D.C.App.,

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