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People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 617 (N.Y. App. Div. 1985)

Opinion

December 16, 1985

Appeal from the Supreme Court, Queens County (O'Dwyer, J.).


Judgment affirmed.

There is no merit to defendant's contention that a photograph identification by an eyewitness was impermissibly suggestive simply because a physical lineup, the preferred procedure, was not employed. A photographic identification is a proper method of identification (People v Brown, 114 A.D.2d 855; People v Russo, 52 A.D.2d 62; People v Dibble, 46 A.D.2d 829). The use of an array of six photographs is constitutionally permissible where defendant's photograph is not distinctive (see, People v Rolston, 109 A.D.2d 854). Finally, the witness in the instant case had ample opportunity to view the defendant both prior to and during the commission of the crime; thus there was an independent basis for an accurate in-court identification (see, People v Malphurs, 111 A.D.2d 266; People v Rolston, supra). Mollen, P.J., Thompson, Niehoff and Eiber, JJ., concur.


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 617 (N.Y. App. Div. 1985)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON GARCIA, Appellant

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

Date published: Dec 16, 1985

Citations

115 A.D.2d 617 (N.Y. App. Div. 1985)

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