Ordered that the judgment is reversed, on the law, and a new trial is ordered, to be preceded by an independent source hearing.
After remittitur of this case for a hearing on the issue of whether the defendant waived his right to counsel at a lineup at which the defendant appeared pursuant to a court order, the Supreme Court found, and the People concede, that the defendant did not waive his right to have counsel present at the lineup. Accordingly, reversal is mandated...
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