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PEOPLE v. BLOUNT

2017-08249, Ind. No. 15-1204.

176 A.D.3d 1092 (2019)

112 N.Y.S.3d 155

2019 NY Slip Op 07599

The People of the State of New York, Respondent, v. Ahkim Blount, Appellant.

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

Del Atwell, East Hampton, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Jennifer Spencer and William C. Milaccio of counsel), for respondent.

Dillon, J.P., Cohen, Duffy and Christopher, JJ., concur.

Ordered that the judgment is affirmed.

We agree with the Supreme Court's denial of that branch of the defendant's omnibus motion which was to suppress identification testimony. "In determining whether a photographic array was unduly suggestive the hearing court should consider whether there was any substantial likelihood that the defendant would be singled out for identification" (People v Thomas, 164 A.D.3d 619, 621 [2018...

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