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involved in an investigation"; "[title district court was in the best position to weigh these factors") (internal quotations and citation omitted); Hardy, 697 Fed. App'x at 725 (2d Cir. 2017) (noting that courts have found that the following can defeat presumption of access: protection of ongoing inv
to give rise to a very substantial likelihood of irreparable misidentification." Id. at 238-39; see Manson v. Brathwaite, 432 U.S. 98,112-14 (1977); Simmons v. United States, 390 U.S. 377, 384 (1968). Federal courts follow a two-step analysis in ruling on the admissibility of identification evidence. P
f identification" by showing a person in that position even a single photograph, much less a photo array or photo book. See, e.g., United States v. Hardy, No. 10 Cr. 1123 (JSR), 2011 WL 7782582 (S.D.N.Y. Jan. 25, 2011) ("Displaying a confirmatory photograph of a person the witness has indicated that
involved in an investigation"; "[t]tle district court was in the best position to weigh these factors") (internal quotations and citation omitted); Hardy, 697 Fed. App'x at 725 (2d Cir. 2017) (noting that courts have found that the following can defeat presumption of access: protection of ongoing inv
Page: EFTA00022968 →olman Marc J. Randazza RANDAZZA LEGAL GROUP, PLLC 100 Pearl Street, 14th Floor Hartford, CT 06103 [email protected] [email protected] Is/ Nicole Simmons Nicole Simmons 16 EFTA00022979
Page: EFTA00022979 →Entities connected to both Russell Simmons and Hardy

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