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PEOPLE v. WALKER
Appellate Division of the Supreme Court of New York, Second Department.
Jul 2, 2001
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ORDERED that the judgment and the amended judgment are affirmed.
The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress the complainant's identification of him. Although the complainant's identification of the defendant was the result of a police-arranged procedure (see, People v. Dixon, 85 N.Y.2d 218, 223), the procedure was not unduly suggestive and the complainant's identification of the defendant was spontaneous (see, People v. Clark, 85 N.Y.2d 886, 888; People v. Martinez, 267 A.D.2d 101; People v. Burgos, 246 A.D.2d 394; People v. Hines, 215 A.D.2d 691.
O'BRIEN, J.P., FRIEDMANN, FEUERSTEIN and COZIER, JJ., concur.
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