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PEOPLE v. FERGUSON

55 A.D.3d 926 (2008)

866 N.Y.S.2d 346

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHANNON FERGUSON, Appellant.

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

October 28, 2008.

Ordered that the judgment is affirmed.

"A photographic display is suggestive when some characteristic of one picture draws the viewer's attention to it, indicating that the police have made a particular selection" (People v Miller, 33 A.D.3d 728, 728-729 [2006]; see People v Wright, 297 A.D.2d 391 [2002]). Here, the six-photograph array depicted men who were close in age, and had...

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