PEOPLE v. HARRINGTON


39 A.D.2d 556 (1972)

The People of the State of New York, Respondent, v. Louis Harrington, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 10, 1972


Judgment affirmed.

No opinion.

Shapiro and Gulotta, JJ., dissenting.

Defendant's motion for a hearing as to identification procedures was denied following the prosecutor's opening statement at the trial. The complainant was the only witness at the trial, which took place some 30 months after the commission of the crime. The prosecutor, out of the hearing of the jury, indicated that the complainant had made...

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