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PEOPLE v. MURIEL-HERRERA

2008-04154

68 A.D.3d 1135 (2009)

2009 NY Slip Op 9681

892 N.Y.S.2d 150

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS MURIEL-HERRERA, Also Known as JUNEBO, Appellant.

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

Decided December 22, 2009.

Ordered that the judgment is affirmed.

The evidence presented at the suppression hearing established that both witnesses had told the police that they knew the defendant well before they were asked to identify him in a photo array. This demonstrated that the identifications were merely confirmatory (see People v Rodriguez, 79 N.Y.2d 445 [1992]). Therefore, the County Court properly denied that branch of the defendant's motion...

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