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PEOPLE v. MACK

148 A.D.2d 471 (1989)

The People of the State of New York, Respondent, v. Dennis Mack, Appellant

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

March 6, 1989

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for a hearing pursuant to CPL 400.21 and for resentencing.

We find no merit to the defendant's contention that he was entitled to suppression of the victim's showup identification of him. The identification took place about 300 feet from...

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