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PEOPLE v. CONCEPCION

1583, 1084/06

68 A.D.3d 404 (2009)

2009 NY Slip Op 8860

890 N.Y.S.2d 490

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL CONCEPCION, Appellant.

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

Decided December 1, 2009.

The court properly denied defendant's suppression motion. Under the particular circumstances, the single-photo showup conducted at a police station did not create a substantial likelihood of irreparable misidentification. Even assuming, without deciding, that this procedure was inappropriate under People v Riley (70 N.Y.2d 523 [1987]) because of its location, notwithstanding the fact that...

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