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PEOPLE v. BARRETT

212 A.D.2d 621 (1995)

622 N.Y.S.2d 734

The People of the State of New York, Respondent, v. Anthony Barrett, Appellant

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

February 14, 1995

Ordered that the judgment is reversed, on the law, that branch of the defendant's motion which was to suppress the identification testimony of the witness Totillo is granted, and a new trial is ordered.

Following a pretrial Wade hearing, the hearing court (Feldman, J.) precluded both out-of-court and in-court identification testimony by the complainant Gredder because the People had failed to serve a CPL 710.30 notice...

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