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PEOPLE v. RISERVATO

51 A.D.2d 561 (1976)

The People of the State of New York, Respondent, v. Andrew Riservato, Appellant

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

January 19, 1976

Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

Defendant was denied a fair trial because (1) reference was made in the prosecutor's opening and closing remarks to a pretrial identification which had been suppressed upon consent of the prosecutor; (2) the trial court permitted testimony of that pretrial identification to be received in evidence; and (3) the trial...

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