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PEOPLE v. DICKERSON

67 A.D.2d 122 (1979)

The People of the State of New York, Respondent, v. David Dickerson, Appellant

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

March 30, 1979

Attorney(s) appearing for the Case

Judith Preble of counsel (William E. Hellerstein, attorney), for appellant.

David H. Fromm of counsel (Steven R. Kartagener with him on the brief; Mario Merola, District Attorney), for respondent.

MARKEWICH, J., concurs with LUPIANO, J.; EVANS, J., concurs in result; KUPFERMAN, J. P., and BIRNS, J., dissent in an opinion by BIRNS, J.

LUPIANO, J.

While the dissent's narration of the facts is accurate and adopted herein, it is not complete insofar as resolution of the critical issue of identification is concerned. Mr. Colon, the complainant, testified at the Wade hearing that upon being permitted to leave his car and walking a few feet past its rear, he turned around and observed defendant in the back seat looking at him. Defendant...

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