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People v. Baret

No Reasonable Possibility Identification Tainted by Suggestivity; Suppression Denied

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DECISION

*1  Defendant Ricardo Baret is charged with murder in the second degree (P.L.§125.25(1)). The defendant filed an omnibus motion to suppress any identification of the defendant on the grounds that the identification procedures were suggestive. Defendant also sought to suppress any statements he made to law enforcement. On August 11, 2016, the court (Torres, J.) granted the defendant a Huntley/Dunaway/Rodriguez hearing. The hearing was conducted on March 6-8, 2018. For the reasons stated below, the motion to suppress is denied.FINDINGS OF FACTThe People first called Detective Klein from the Bronx Homicide Squad, employed by the New York City Police Department (“NYPD”) for the past thirteen years. Detective Klein testified that sometime in February of 2016 he was assigned to investigate the homicide of Valentin Medina, which occurred on December 22, 1990 in the vicinity of East 157th Street and Gerard Avenue in Bronx county. Detective Klein received a telephone call from a retiring member of the NYPD, Detective Noel Garcia, who informed him that his mechanic, Josie Nebola, had just disclosed that his friend Valentin Medina had been

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