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People v. Clarke

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1976
55 A.D.2d 624 (N.Y. App. Div. 1976)

Opinion

December 13, 1976


Appeal by the People from an order of the Supreme Court, Kings County, dated March 30, 1976, which, after a hearing, granted defendant's motion to suppress certain identification testimony. Order reversed, on the law and the facts, and motion denied. In the opinion of this court, the record herein contains clear and convincing evidence that any in-court identification of the defendant by Clyde Banks, a prospective witness for the People, would be based upon a course of prior acquaintanceship and, therefore, would not be tainted by the admittedly suggestive pretrial identification procedure (see People v Carter, 30 N.Y.2d 279; cf. People v Lebron, 46 A.D.2d 776; People v Toro, 44 A.D.2d 848). Hopkins, Acting P.J., Martuscello, Cohalan, Rabin and Titone, JJ., concur.


Summaries of

People v. Clarke

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1976
55 A.D.2d 624 (N.Y. App. Div. 1976)
Case details for

People v. Clarke

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ELKIN CLARKE, Respondent

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

Date published: Dec 13, 1976

Citations

55 A.D.2d 624 (N.Y. App. Div. 1976)

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