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PEOPLE v. POLIMENI

150 Misc.2d 485 (1991)

The People of the State of New York, Plaintiff, v. Patsy Polimeni, Defendant.

County Court, Monroe County.

March 28, 1991

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Jill Paperno of counsel), for defendant. Howard R. Relin, District Attorney (Vincent Rizzo of counsel), for plaintiff.

JOHN J. CONNELL, J.

The defendant, claiming that improper identification testimony may be offered against him, has moved to exclude the identification testimony of Rea Leggett on the ground that it would not be admissible because of improperly made prior identifications of the defendant by the prospective witness.

The People have the burden of going forward to show that the pretrial identification...

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