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PEOPLE v. OLIVER

34 N.Y.2d 859 (1974)

The People of the State of New York, Respondent, v. Harold Oliver, Appellant.

Court of Appeals of the State of New York.

Decided June 26, 1974.

Attorney(s) appearing for the Case

Joseph P. Kirley for appellant.

Carl A. Vergari, District Attorney (Janet Cunard of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.

MEMORANDUM:

Prior to the passage of the new Criminal Procedure Law, it would have been proper for the Trial Judge, under certain circumstances, to deny a motion for a pretrial hearing to determine if pretrial photographic identification was improperly obtained (People v. Ganci, 27 N.Y.2d 418, 427). The new Criminal Procedure Law, however, changes that rule and makes a requested pretrial...

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