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PEOPLE v. JAMES

67 N.Y.2d 662 (1986)

The People of the State of New York, Appellant, v. Leroy James, Respondent.

Court of Appeals of the State of New York.

Decided February 4, 1986.

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Rosalyn H. Richter, Barbara D. Underwood and Karen M. Wigle of counsel), for appellant.

Carol Mellor for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE and ALEXANDER concur; Judges TITONE and HANCOCK, JR., taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

In view of the Appellate Division's conclusion, not challenged by the People on this appeal, that the victim's testimony as to his identification of the defendant at the precinct should have been suppressed, the in-court identification by the victim was also improperly admitted as there was no evidence at the suppression hearing of an independent...

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