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PEOPLE v. GONZALEZ

46 N.Y.2d 1011 (1979)

The People of the State of New York, Respondent, v. Carlos Gonzalez, Appellant.

Court of Appeals of the State of New York.

Decided March 27, 1979.

Attorney(s) appearing for the Case

William H. Roth, Robert S. Katz and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Daniel Taub and Billie Manning of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

All three preconditions to the application of CPL 60.25 (subd 2) having been met, the testimony of Officer Moroney confirming the pretrial identification of appellant by the witness Grant was properly admissible at trial (see People v Nival, 33 N.Y.2d 391). Appellant apparently concedes both that the identifying...

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