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PEOPLE v. BLAKE

42 A.D.2d 954 (1973)

The People of the State of New York, Respondent, v. Jeffrey Blake, Appellant

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

October 25, 1973

The case having been remitted to this court by the Court of Appeals for a determination of the facts (32 N.Y.2d 935), on remand the judgment of the Supreme Court, Bronx County, rendered April 10, 1970, is affirmed.

Nunez, J. P., and Murphy, J., dissent in the following memorandum by Murphy, J.:

We dissent, would reverse and grant a new trial and direct preliminarily a new hearing as to the in-court identification. About...

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