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PEOPLE v. MARTINEZ

261 A.D.2d 143 (1999)

690 N.Y.S.2d 198

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VIRGILIO MARTINEZ, Appellant.

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

Decided May 6, 1999.

We find that the procedure in which defendant and the other participants were directed to sit, and then to stand, constituted one lineup, of which defendant received sufficient notice pursuant to CPL 710.30 (1) (b) (see, People v Lopez, 84 N.Y.2d 425).

Although defendant was absent from the court's preliminary discussion of Sandoval issues, since the court essentially held a de novo hearing in his presence and since...

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