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PEOPLE v. STANLEY

1624, 504/05

68 A.D.3d 422 (2009)

2009 NY Slip Op 8944

891 N.Y.S.2d 25

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KOREN STANLEY, Appellant.

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

Decided December 3, 2009.

The court properly denied defendant's motion to suppress identification testimony. After identifying defendant at an otherwise fair lineup, a witness told a detective that defendant was wearing clothing taken during the crime. The witness had never given a description of the assailant that included clothing, or described the clothing that had been taken, and when the police arrested defendant more than a week after the crime they...

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