PEOPLE v. BREAZIL


52 A.D.3d 523 (2008)

860 N.Y.S.2d 137

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. TERRANCE BREAZIL, Respondent.

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

Decided June 3, 2008.


Ordered that the amended order is modified, on the law, by deleting the provision thereof suppressing the defendant's lineup identification; as so modified, the amended order is affirmed.

On May 15, 1995 McKiver "Michael" Kinard and Wendell Porter were shot in Brooklyn. The perpetrator fled the scene. Kinard later died from his wounds. On May 22, 1995, upon a recanvass of the crime scene, an unidentified person told Detective Alex Lloyd and his partner that the defendant...

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