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PEOPLE v. ELLISON

222 A.D.2d 693 (1995)

636 N.Y.S.2d 348

The People of the State of New York, Appellant, v. Christopher Ellison and Dondie Ferguson, Respondents

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

December 29, 1995

Ordered that the appeal from the order dated April 5, 1995 is dismissed, as that order was superseded by the order dated April 26, 1995, made upon reargument; and it is further,

Ordered that the order dated April 26, 1995, is reversed insofar as reviewed, on the law and the facts, upon reargument, the order dated April 5, 1995 is vacated, and those branches of the defendants' respective omnibus motions which were to suppress identification testimony and physical evidence...

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