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PEOPLE v. SMITH

134 A.D.2d 465 (1987)

The People of the State of New York, Respondent, v. Melvin Smith, Appellant

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

November 16, 1987

Ordered that the judgment is affirmed.

The defendant, who was incarcerated on unrelated charges, was positively identified from a photographic array by a witness to the robbery. Thereafter, the police obtained an ex parte order to secure the defendant's presence at a lineup. The defendant, for the first time on appeal, challenges the validity of that order because the People failed to notify him of their pending application...

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