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PEOPLE v. RESTIFO

47 A.D.2d 792 (1975)

The People of the State of New York, Respondent, v. Benjamin Restifo, Appellant

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

March 27, 1975

When this case was previously before us (People v. Restifo, 44 A.D.2d 870), we withheld determination of the appeal and remitted the matter to the County Court, Albany County, for a hearing on the issue of whether defendant had been personally present at the time a suppression hearing had been held. After a hearing, the trial court has now found that the defendant was not present at the time of the suppression hearing on September...

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