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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFONSO HOLMES, Appellant.

The facts in this case relating to the suppression hearing were stated in our decision on the appeal of codefendant Nixon. (People v. Nixon, 162 A.D.2d 225.) On the codefendant's appeal, we concluded that the identification procedures employed by the police were proper and that the evidence of guilt was legally sufficient and accorded with the weight of the evidence. Since the procedures and evidence as they pertain to this defendant are identical, we affirm.

Concur — Ross, J.P., Kassal, Ellerin and Wallach, JJ.

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PEOPLE v. HOLMES
(Sep 13, 1990)