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PEOPLE v. GONZALES

52 A.D.2d 789 (1976)

The People of the State of New York, Respondent, v. Bruno Gonzales, Appellant

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

May 13, 1976

This matter is foreclosed by the opinion of this court in the appeal of the appellant's codefendant, People v Marrero (51 A.D.2d 513), in which this court acknowledged the impropriety of the show-up. Whereas in that case it was concluded that there was sufficient independent basis to support the in-court identification of the defendant Marrero, we find that in this case the victim was not in a position to observe this defendant and...

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