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PEOPLE v. GRIFFIN

178 Misc.2d 463 (1998)

682 N.Y.S.2d 529

The People of the State of New York, Plaintiff, v. Gerald Griffin, Defendant.

Supreme Court, Kings County.

September 14, 1998

Attorney(s) appearing for the Case

Paul Martin, New York City, for defendant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Julie Rendelman of counsel), for plaintiff.

MICHAEL A. GARY, J.

QUESTION PRESENTED

Is a defendant's right to counsel at a court-ordered lineup violated when the attorney sends his private investigator in his place and the private investigator is excluded from the lineup procedure?

FACTS

The following findings of fact were made pursuant to a Wade/Rodriguez independent source hearing.1

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