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PEOPLE v. BREWSTER

100 A.D.2d 134 (1984)

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

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

March 12, 1984

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Richard G. Denzer of counsel), for appellant.

John F. Clennan for Leonard Brewster, respondent.

Joseph F. DeFelice for Felix Alfonso, respondent.

O'CONNOR and RUBIN, JJ., concur with BRACKEN, J.; LAZER, J. P., dissents and votes to affirm the order insofar as appealed from, with an opinion in which BROWN, J., concurs.

BRACKEN, J.

This appeal presents for resolution the question of whether an indictment must be dismissed where the evidence of identity before the Grand Jury was based solely upon prior photographic identifications, and where the grand jurors were not informed of that fact.

The essential facts are not in dispute. As reflected in the opinion of Criminal Term (People v Brewster, 115 Misc.2d 26), no corporeal...

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