People v. Lafayette

Defendant appeals as of right from a jury conviction for the armed robbery of a Folk Oil gas station in Albion, Michigan. MCL 750.529; MSA 28.797. He was sentenced to serve 15 to 40 years imprisonment.

The only evidence linking defendant to the robbery was the in-court eyewitness identification of defendant by the 16-year-old Folk Oil employee who was robbed, Thomas Duborg. Before identifying defendant in court, Duborg was exposed to two identification procedures which the trial court found to have been improperly suggestive. The trial court ruled that testimony regarding these identification…