PEOPLE v. BERNIER


141 A.D.2d 750 (1988)

The People of the State of New York, Respondent, v. Jean Bernier, Appellant

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

June 20, 1988


Ordered that the judgment is reversed, on the law, that branch of the defendant's motion which was to preclude the admission of the in-court identification testimony of Gedeon Gedeon is granted, a new trial is ordered on the fourth count of the indictment charging the defendant with criminal possession of a weapon in the fourth degree, and the remaining counts of the indictment are dismissed, without prejudice to the People to re-present any appropriate charges to another...

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