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PEOPLE v. CANNON

147 A.D.2d 491 (1989)

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

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

February 6, 1989

Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered. Findings of fact have been considered and are determined to have been established.

Prior to the defendant's trial, the proposed testimony of an eyewitness concerning two lineup identifications was suppressed. In one lineup, the eyewitness had picked out the defendant. In a second lineup...

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