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PEOPLE v. HARRINGTON

31 N.Y.2d 785 (1972)

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

Court of Appeals of the State of New York.

Decided November 3, 1972.

Attorney(s) appearing for the Case

Thomas T. Antonecchia for appellant.

Carl A. Vergari, District Attorney (Robert G. O'Donnell of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

MEMORANDUM.

The order of the Appellate Division should be modified to the extent of remitting the case to the County Court, Westchester County, for a posttrial hearing to determine whether there were improper pretrial identification procedures which tainted the victim's in-court identification. Prior to People v. Ganci (27 N.Y.2d 418), a defendant apparently would have been entitled...

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