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PEOPLE v. CUBILLA

181 A.D.2d 788 (1992)

The People of the State of New York, Respondent, v. Ulisses Cubilla, Appellant

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

March 16, 1992

Ordered that the judgment is reversed, on the law, and a new suppression hearing and trial are ordered.

We reject the defendant's contention that identification testimony should have been suppressed because the showup identification procedure was unduly suggestive (see, People v Duuvon, 77 N.Y.2d 541). However, we find that a reversal of the defendant's conviction is required because the court erred in denying his...

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