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PEOPLE v. PERRINO

127 A.D.2d 858 (1987)

The People of the State of New York, Respondent, v. Anthony Perrino, Appellant

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

February 23, 1987

Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).

The defendant's claim that his motion to suppress identification testimony was improperly denied was specifically raised and implicitly rejected on his prior appeal, which resulted in the granting of a new trial on another ground (People v Perrino, 96 A.D.2d 952).

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