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PEOPLE v. GONZALEZ

173 A.D.2d 48 (1991)

The People of the State of New York, Respondent, v. Antonio Gonzalez, Appellant

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

December 31, 1991

Attorney(s) appearing for the Case

Tina L. Mazza of counsel (E. Joshua Rosenkranz, attorney), for appellant.

Ellyn Polshek of counsel (Phyllis A. Monroe with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

CARRO, J. P., ELLERIN, WALLACH and RUBIN, JJ., concur.

ROSS, J.

This appeal presents an issue as to whether defendant was identified as the perpetrator of a robbery as the result of an allegedly suggestive lineup.

On or about November 10, 1988, the defendant was arrested in New York County, and subsequently two indictments were returned against him. In the first indictment, number 10424 of 1988, filed on December 1, 1988, a Grand Jury charged defendant with...

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