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PEOPLE v. ROGERS

85 A.D.2d 843 (1981)

The People of the State of New York, Respondent, v. Robert Rogers, Appellant

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

December 31, 1981

In People v Rogers (81 A.D.2d 980), which sets forth the pertinent facts in this matter, this court withheld decision and remitted the matter for a further suppression hearing and determination of the issue of whether a witness had an independent basis for identifying defendant at trial. At this additional suppression hearing the witness in question, who did not testify at the first suppression hearing, was unavailable to testify...

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