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PEOPLE v. POERSCHKE

44 A.D.2d 844 (1974)

The People of the State of New York, Respondent, v. Alan Poerschke, Also Known as Allen Martin Poerschke, Appellant

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

May 20, 1974

Case remanded to the County Court for a determination concerning whether the People's pretrial photographic identification procedures were impermissibly suggestive, tended to cause a substantial likelihood of irreparable misidentification, and tainted the trial identification of defendant by the People's identification witness. Pending such determination, the appeal will be held in abeyance. It was error to deny defendant's motion...

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