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PEOPLE v. McCULLERS

33 N.Y.2d 806 (1973)

The People of the State of New York, Respondent, v. Ronald McCullers, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 1973.

Attorney(s) appearing for the Case

Arthur T. Cambouris, Susan G. Levenberg and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Daniel J. Sullivan and George S. Stone of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, JASEN and GABRIELLI. Judge WACHTLER dissents and votes to reverse in the following opinion in which Judges BREITEL and JONES concur.

Order affirmed on the opinion at the Appellate Division.

WACHTLER, J. (dissenting).

I would reverse, vacate the plea and remand the case for trial.

During the course of an otherwise diligent and commendable investigation of a taxicab holdup, the investigating officer, Patrolman Finnerty of the New York City Police Department, permitted the victim to identify the defendant under circumstances which...

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