221 A.D.2d 249 634 N.Y.S.2d 5

The People of the State of New York, Respondent, v Antonio Santiago, Appellant.

[634 NYS2d 5]

—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered October 30, 1990, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 6 to 12 years, unanimously affirmed.

Defendant’s contention that the procedure used in his photographic identification was unduly suggestive is without merit, there being no reason to conclude that the books of photographs examined by the witnesses were arranged in a way that singled out defendant, or that the identifying witness *250was prompted by either the police or the complainant. The independent source for an in-court identification was established, although our finding of lack of suggestiveness obviates the issue. Concur—Rosenberger, J. P., Ellerin, Rubin, Asch and Nardelli, JJ.

People v. Santiago
221 A.D.2d 249 634 N.Y.S.2d 5

Case Details

Name
People v. Santiago
Decision Date
Nov 21, 1995
Citations

221 A.D.2d 249

634 N.Y.S.2d 5

Jurisdiction
New York

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