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PEOPLE v. GREEN

214 A.D.2d 519 (1995)

626 N.Y.S.2d 69

The People of the State of New York, Respondent, v. James Green, Appellant

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

April 27, 1995

Once the prosecution stated, in its response to defendant's omnibus motion, that it did not intend to use any identification evidence at trial, the court was obligated to grant defendant's motion to suppress such testimony (CPL 710.60 [2] [b]; see, People v White, 73 N.Y.2d 468, 475-476, cert denied 493 U.S. 859). It was, therefore, error for the court to permit the prosecution to question one of the witnesses concerning...

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