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PEOPLE v. BARNES

93 A.D.2d 864 (1983)

The People of the State of New York, Respondent, v. Paul Barnes, Appellant

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

April 18, 1983

Judgment reversed, on the law, and new trial ordered.

Defendant stands convicted of stabbing Izell Hough to death. Two eyewitnesses came forward. However, on two separate occasions they failed to identify defendant from photographs. These two witnesses were able to identify defendant from a lineup, but their lineup identifications were suppressed, as a fruit of defendant's illegal arrest (see People v Barnes,

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