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MATTER OF ALPHONSO C.

50 A.D.2d 97 (1975)

In the Matter of Alphonso C., Appellant. Robert M. Morgenthau, as District Attorney of New York County, Respondent

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

December 4, 1975

Attorney(s) appearing for the Case

Herman Kaufman of counsel (Lewis R. Friedman with him on the brief; Litman, Friedman & Kaufman, attorneys), for appellant.

Robert M. Pitler of counsel (Peter L. Zimroth and Henry J. Steinglass with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

MARKEWICH, J. P., LUPIANO, TILZER and CAPOZZOLI, JJ., concur.

LANE, J.

On May 12, 1975, two Chinese males entered a restaurant and shot three men. The two were observed fleeing in a gold-colored Chevrolet with a specified license number. The appellant, Alphonso C., it was discovered, was the owner of the automobile, which automobile he never reported as being stolen.

The District Attorney made application for an order directing C. to appear at a lineup and be viewed...

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