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PEOPLE v. EYBERGEN

130 Misc.2d 1 (1985)

The People of the State of New York, Plaintiff, v. Kevin Eybergen, Defendant.

Supreme Court, Bronx County.

September 30, 1985

Attorney(s) appearing for the Case

Merrill Rubin for defendant. Mario Merola, District Attorney (Daniel Looney of counsel), for plaintiff.

IRVING LANG, J.

Does the failure to follow the guidelines enunicated in People v Hughes (59 N.Y.2d 523) automatically preclude the use of identification testimony of a witness who has been hypnotized?

BACKGROUND

On June 8, 1980, Raymond Alberti, Sr. was shot in his Co-op City apartment and instantly killed. For almost three years, the police had no...

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