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PEOPLE v. SMITH
Appellate Division of the Supreme Court of New York, Second Department.
Oct 3, 2005
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Ordered that the judgment is affirmed.
Although the hearing court erred in denying the defendant's motion to suppress the show-up identification, the recovered property, and his statements to law enforcement officials, any error in admitting the evidence was harmless because the other evidence of the defendant's guilt, including the identification testimony of an eyewitness who was not present at the show-up identification, was overwhelming ( see People v. Crimmins, 36 NY2d 230, 241-242; People v. Richardson, 294 AD2d 379, 380; People v. Sturgis, 199 AD2d 549, 550).
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