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  5. 74 N.Y.2d 787 (1989)
 

PEOPLE v. JACKSON

74 N.Y.2d 787 (1989)

The People of the State of New York, Respondent, v. Andrew Jackson, Appellant.

Court of Appeals of the State of New York.

Decided July 13, 1989.

Attorney(s) appearing for the Case

Michelle Fox and Philip L. Weinstein for appellant.

Elizabeth Holtzman, District Attorney (James B. Duggan and Barbara D. Underwood of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

As the People candidly concede, the lineup testimony of two of the People's witnesses should have been suppressed. Since a removal order had been issued to secure defendant's attendance at the pretrial identification procedures, defendant had a right to the presence of counsel during the lineups (People v Coleman,

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