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PEOPLE v. PLEASANT

76 A.D.2d 244 (1980)

The People of the State of New York, Appellant, v. Irving Pleasant, Respondent

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

July 17, 1980

Attorney(s) appearing for the Case

Cary W. Sucoff of counsel (Steven R. Kartagener with him on the brief; Mario Merola, District Attorney, attorney), for appellant.

Roger D. Olson of counsel (William Mogulescu, attorney), for respondent.

BIRNS, J. P., SULLIVAN and SILVERMAN, JJ., concur with ROSS, J.; SANDLER, J., dissents in part in an opinion.

ROSS, J.

This is an appeal by the People from an order granting defendant's motion to suppress all identification testimony at a trial as a result of his illegal arrest. We are persuaded that no aspect of the proposed identification testimony — pretrial lineup, or in-court identification — should be suppressed.

The inexhaustible reach of the Fourth Amendment has provided the judiciary, scholars...

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