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  5. 80 N.Y.2d 798 (1992)
 

PEOPLE v. JOHNSON

80 N.Y.2d 798 (1992)

The People of the State of New York, Respondent, v. Patrick Johnson, Appellant.

Court of Appeals of the State of New York.

Decided June 9, 1992.

Attorney(s) appearing for the Case

William A. Loeb and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney (William M. Harrington, Roseann B. MacKechnie and Jay M. Cohen of counsel), for respondent.

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

MEMORANDUM.

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

Defendant and a codefendant were convicted after a jury trial of two counts of murder in the second degree and additional, related criminal counts.

We agree with the Appellate Division that the eyewitness's testimony regarding the lineup identification of defendant should have been suppressed and, therefore, was erroneously...

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