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PEOPLE v. MACK

2013-02397, Ind. No. 8601/10.

135 A.D.3d 962 (2016)

24 N.Y.S.3d 381

2016 NY Slip Op 00521

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREN MACK, Appellant.

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

Decided January 27, 2016.

Ordered that the judgment is affirmed.

The defendant contends that the hearing court improperly denied that branch of his omnibus motion which was to suppress the showup identification made by the complainant near the scene of the crime. That contention is without merit. "While the defendant bears the ultimate burden of proving that a showup procedure is unduly suggestive and subject to suppression, the burden is on the...

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