The following excerpt is from United States v. Al-Farekh, 956 F.3d 99 (2nd Cir. 2020):
39 United States v. Fernandez , 456 F.2d 638, 64142 (2d Cir. 1972). Notably, we also noted in dictum that if there had been an 11-photo array with two photographs depicting the person who matched the witnesss physical description, the identification procedure would have been permissible. See id.
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