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PEOPLE v. RUSSO

52 A.D.2d 62 (1976)

The People of the State of New York, Appellant, v. Carmine Russo, Respondent

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

April 29, 1976

Attorney(s) appearing for the Case

Judith K. Rubinstein of counsel (Peter L. Zimroth with her on the brief; Robert M. Morgenthau, District Attorney), for appellant.

Stephen Gillers of counsel (James E. Siff with him on the brief; Warner & Gillers, P.C., attorneys), for respondent.

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

NUNEZ, J.

On August 19, 1974, Michael Jones was driving a Daily News truck which was hijacked in lower Manhattan. Jones was handcuffed and placed in the rear of the truck which was then driven to the Fulton Fish Market nearby, where a second man entered the cab of the truck. Jones saw the second man's left profile for about 10 seconds as he lay on his side in the back of his truck.

Upon his release...

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