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People v. McCoy

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1987
131 A.D.2d 787 (N.Y. App. Div. 1987)

Opinion

June 22, 1987

Appeal from the Supreme Court, Westchester County (McMahon, J.).


Ordered that the judgment is affirmed.

The record supports the hearing court's determination that the photographic array utilized by the police was not composed or presented in a suggestive manner (People v Burwell, 26 N.Y.2d 331; People v Edwards, 115 A.D.2d 657; People v Logan, 25 N.Y.2d 184, cert denied 396 U.S. 1020; People v Rodriguez, 64 N.Y.2d 738; People v Andersen, 118 A.D.2d 716). The record also supports the alternate determination by the hearing court that the witnesses' recollection of the persons who committed the robbery had a source independent of any photographic procedure (see, People v Adams, 53 N.Y.2d 241; People v Papile, 113 A.D.2d 776, lv denied 66 N.Y.2d 921). Mangano, J.P., Spatt, Niehoff and Harwood, JJ., concur.


Summaries of

People v. McCoy

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1987
131 A.D.2d 787 (N.Y. App. Div. 1987)
Case details for

People v. McCoy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEODORE McCOY…

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

Date published: Jun 22, 1987

Citations

131 A.D.2d 787 (N.Y. App. Div. 1987)

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