PEOPLE v. MILES


163 A.D.2d 330 (1990)

The People of the State of New York, Respondent, v. Edward Miles, Appellant

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

July 2, 1990


Ordered that the judgment is reversed, on the law, that branch of the defendant's omnibus motion which was to preclude the identification testimony of the complainant is granted, and the indictment is dismissed.

The defendant's contention that his trial counsel was ineffective because he failed to make a motion to preclude the complaining witness from making an in-court identification upon the ground that the People had failed to comply with the notice provisions...

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