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MATTER OF JOHNSON v. TORRES

259 A.D.2d 370 (1999)

688 N.Y.S.2d 11

In the Matter of ROBERT T. JOHNSON, Petitioner, v. FRANK TORRES et al., Respondents.

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

Decided March 18, 1999.

The People have the right to compel a defendant in a criminal case to be present in court for the purpose of an in-court identification. (People v Winship, 309 N.Y. 311, 313-314; see also, People v Scarola, 71 N.Y.2d 769, 779.) The respondent Justice's order to petitioner, the District Attorney, compelling petitioner to provide "fillers" for a lineup to be conducted during the trial of Santos...

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