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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE CARRION, Defendant-Appellant.

Evidence of a photographic identification was properly admitted to dispel a misleading impression conveyed by the defense (see People v. Mahone, 206 A.D.2d 263, lv denied 84 N.Y.2d 869). The court minimized any prejudice by delivering a limiting instruction, to which defendant made no exception or request for further instruction.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. CARRION
(Nov 6, 2003)