PEOPLE v. GORDON


47 A.D.2d 775 (1975)

The People of the State of New York, Appellant, v. Michael W. Gordon, Respondent

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

March 6, 1975


The defendant, indicted for burglary and petit larceny, was arraigned on May 2, 1973 and, on his plea of not guilty, bail was set and defendant requested, inter alia, an identification hearing. It was not until October 5, 1973, however, that defendant made a motion for an identification hearing after notification by the court, in writing, that if the motion were not made, it would be deemed waived. The People were unable to proceed because the necessary witnesses were...

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