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PEOPLE v. RUFFINO

110 A.D.2d 198 (1985)

The People of the State of New York, Respondent, v. Robert Ruffino, Appellant

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

September 23, 1985

Attorney(s) appearing for the Case

Schwartz, DiBlasi & Cimini (Barry A. Schwartz of counsel), for appellant.

John J. Santucci, District Attorney (Malvina Nathanson of counsel; Andrea Shapiro on the brief), for respondent.

MOLLEN, P. J., GIBBONS and THOMPSON, JJ., concur.

BRACKEN, J.

Although a motion to suppress identification testimony made pursuant to CPL article 710 is the exclusive method of challenging the admissibility of such evidence (CPL 710.70 [3]), a defendant is also entitled to have the jury consider the fairness of pretrial identification procedures in determining whether testimony identifying him as the perpetrator of a crime is sufficient to establish guilt...

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