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PEOPLE v. BALL

89 A.D.2d 353 (1982)

The People of the State of New York, Appellant, v. Harry Lee Ball, Respondent

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

November 9, 1982

Attorney(s) appearing for the Case

Ronald L. Fancher for appellant.

D. Michael Murray (Raymond Rodriguez of counsel), for respondent.

SIMONS, DOERR, MOULE and SCHNEPP, JJ., concur.

DILLON, P. J.

The People appeal from an order dismissing an indictment which charged the defendant with the crimes of forgery and criminal impersonation. The issue presented is whether testimony at the Grand Jury relating to photographic identification of defendant was "competent and admissible evidence" within the meaning of CPL 190.65 (subd 1).

We need but briefly summarize the Grand Jury testimony. The manager of a Radio Shack store in Batavia...

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