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PEOPLE v. BREWSTER

115 Misc.2d 26 (1982)

The People of the State of New York, Plaintiff, v. Leonard Brewster, Tromaine Johnson and Felix Alfonso, Defendants.

Supreme Court, Criminal Term, Queens County.

July 20, 1982

Attorney(s) appearing for the Case

M. Kane, J. Mulvaney and J. De Felice for defendants. John Santucci, District Attorney (S. Goldenberg of counsel), for plaintiff.

CORNELIUS J. O'BRIEN, J.

This is a dual motion on behalf of the defendants which seeks an order suppressing identification testimony pursuant to CPL 710.20 and further seeks dismissal of the indictment pursuant to CPL 210.35 (subd 5).

This matter was originally before the court on a Wade hearing. During the course of the hearing, it became apparent that the sole means of identification of all...

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