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PEOPLE v. REILY
Appellate Division of the Supreme Court of New York, Second Department.
Dec 20, 2004
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Ordered that the judgment is affirmed.
The factual findings and credibility determinations of a hearing court are accorded great deference on appeal, and will not be disturbed unless clearly unsupported by the record ( see People v. Evans, 298 AD2d 401; People v. Fryar, 276 AD2d 641). The evidence adduced at the suppression hearing supports the Supreme Court's denial of that branch of the defendant's omnibus motion which was to suppress identification testimony. We also find no merit to the defendant's argument that the identification was the result of unduly suggestive police procedures ( see People v. Jones, 2 NY3d 235).
The defendant's remaining contentions either are unpreserved for appellate review or without merit.
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