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2008-365, STATE OF NH v. ANTOINE BELL-ROGERS
State: New Hampshire
Court: Supreme Court
Docket No: 2008-365
Case Date: 08/04/2009
Preview:NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Hillsborough-northern judicial district No. 2008-365 THE STATE OF NEW HAMPSHIRE v. ANTOINE BELL-ROGERS Argued: May 5, 2009 Opinion Issued: August 4, 2009 Kelly A. Ayotte, attorney general (N. William Delker, senior assistant attorney general, on the brief and orally), for the State. Getman, Stacey, Schulthess & Steere, PA, of Bedford (Andrew R. Schulman and Elizabeth Hurley on the brief, and Mr. Schulman orally), for the defendant. BRODERICK, C.J. The defendant, Antoine Bell-Rogers, was convicted by a jury of armed robbery. See RSA 636:1 (2007). He appeals an order of the Superior Court (McGuire, J.) denying his motion to suppress in-court and outof-court identifications of him based upon a photo array identification procedure that he claims was unreliable and unnecessarily suggestive. We affirm.

The following facts are not in dispute or are supported by the record. On October 10, 2006, two armed men entered El Mexicano restaurant in Manchester. The first man, carrying a handgun, went into the kitchen where restaurant owner Jos
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