Appellate Division of the Supreme Court of the State of New York December 12, 2012 (People v. Price)

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United States · · · 12-12-2012

*906Contrary to the People’s contention, the defendant’s present challenge to the showup identification procedure as unduly suggestive was preserved by the issues raised at the pretrial suppression hearing (see People v Ortiz, 90 NY2d 533, 537 [1997]; People v Chipp, 75 NY2d 327, 335 [1990], cert denied 498 US 833 [1990]; People v Berry, 50 AD3d 1047, 1048 [2008]).

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