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PEOPLE v. DIAZ

107 A.D.2d 706 (1985)

The People of the State of New York, Respondent, v. William Diaz, Appellant

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

January 14, 1985

Judgment affirmed and the case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5).

In his Grand Jury testimony, an eyewitness told the Grand Jury the name of the perpetrator (William Diaz) and then declared that he had previously identified him. The eyewitness' only identification of defendant prior to the Grand Jury presentment was his selection of a photograph of defendant...

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