PEOPLE v. RODRIGUEZ


170 Misc.2d 176 (1996)

649 N.Y.S.2d 1021

The People of the State of New York, Plaintiff, v. Michael Rodriguez, Defendant.

Supreme Court, Bronx County.

October 28, 1996


Attorney(s) appearing for the Case

Daniel L. Greenberg (Elizabeth Sack Felder of counsel), for defendant. Robert T. Johnson, District Attorney of Bronx County (Jennifer Correale of counsel), for plaintiff.


EDWARD M. DAVIDOWITZ, J.

Defendant moves, pursuant to CPL 440.10 (1) (g), (h), for an order vacating his judgment of conviction, upon a plea of guilty, and for a new trial, or, in the alternative, for a hearing upon this motion, on the ground that newly discovered evidence established that a lineup procedure conducted on January 29, 1993 in connection with indictment No. 1221/93 was unduly suggestive and violated...

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