PEOPLE v. MALONE


157 Misc.2d 86 (1993)

595 N.Y.S.2d 915

The People of the State of New York, Plaintiff, v. Daniel J. Malone, Defendant.

Supreme Court, Queens County.

March 2, 1993


Attorney(s) appearing for the Case

Bert Koehler, III, for defendant. Richard A. Brown, District Attorney of Queens County (Theodore Kasapis of counsel), for plaintiff.


PHYLLIS ORLIKOFF FLUG, J.

The defendant, charged, inter alia, with robbery in the first degree, has moved for an order precluding identification testimony, by the two victims, on the ground that the behavior of the police in conducting the lineup was unconscionable and in direct violation of the defendant's right to fairness and due process. The defendant did not allege a lack of probable cause to conduct...

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