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MTR. OF FELIPE O.

96 Misc.2d 401 (1978)

In the Matter of Felipe O. and Another, Persons Alleged to be Juvenile Delinquents.

Family Court, New York County.

August 28, 1978

Attorney(s) appearing for the Case

Robert H. Silbering, Assistant District Attorney, for petitioner. Maura Somers Dughi for Felipe O., respondent. Valerie Van Lear Greenberg for Eugene J., respondent.

NANETTE DEMBITZ, J.

The major question of law on this motion to suppress identification testimony in a juvenile delinquency proceeding, is whether a lineup identification is invalid because of factors that tended to make the suspect conspicuous in the lineup and attract the viewer's attention to him.

The respondents were charged in juvenile delinquency proceedings with acts that would constitute, if done by an adult,

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