PEOPLE v. D'ARBEAU


49 A.D.2d 585 (1975)

The People of the State of New York, Respondent, v. Gerald N. D'Arbeau, Appellant

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

July 7, 1975


Order of August 29, 1972 reversed insofar as reviewed, on the law, and said branch of defendant's motion is granted to the extent that a hearing is directed as to the propriety of the identification at issue.

The case is remanded to the County Court for the holding of such a hearing, pursuant to CPL article 710. The appeal from the judgment will be held in abeyance in the interim. The trial court's refusal to grant said branch of defendant's motion to the extent of...

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