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PEOPLE v. WEST

111 Misc.2d 658 (1981)

The People of the State of New York, Plaintiff, v. Roy West, Defendant.

County Court, Trial and Special Term, Rockland County.

August 10, 1981

Attorney(s) appearing for the Case

Kenneth Gribetz, District Attorney, for plaintiff. Rogers, Ferraro & Cody, P. C., for defendant.

HARRY EDELSTEIN, J.

The People move for an order directing that the defendant Roy West appear at the office of the Rockland County District Attorney for the purpose of appearing in a lineup.

The defendant, by his attorney, opposes the motion, arguing that this court lacks jurisdiction to grant the People the relief requested pursuant to CPL 240.40 (subd 2). This statute was amended effective January 1, 1980.

"Upon motion of the prosecutor...

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