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PEOPLE v. DELGADO

124 Misc.2d 1040 (1984)

The People of the State of New York, Plaintiff, v. Victor Delgado, Defendant.

Supreme Court, Criminal Term, New York County.

June 29, 1984

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Tom Shiels of counsel), for plaintiff. Gregory Cooper for defendant.

KRISTIN BOOTH GLEN, J.

This case involves a question left open by the Court of Appeals in People v Love (57 N.Y.2d 1023), to wit, whether a showup may be justified as "necessary" when the suspect has already been identified by a police officer who was her/himself a witness to the crime. (Supra, at p 1024.) For the reasons discussed below, I hold that it may not.

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