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PEOPLE v. CANNON

61 Misc.2d 171 (1969)

The People of the State of New York, Plaintiff, v. Alton Cannon, Defendant.

County Court, Monroe County.

November 13, 1969

Attorney(s) appearing for the Case

John C. Little, Jr., District Attorney (Norman A. Palmiere of counsel), for plaintiff. Charles L. Willis and Robert S. Beer for defendant.

DAVID O. BOEHM, J.

The Appellate Division, Fourth Department (33 A.D.2d 641), remitted to this court for determination, the question of whether, upon the testimony at the preliminary hearing, the defendant knowingly, willingly, voluntarily and intelligently waived his right to counsel at an identification lineup.

Testimony at the pretrial identification hearing was given on January 6, 1969 by the victim, and...

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