Ordered that the judgment is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress identification testimony is granted, and a new trial is Ordered, to be preceded by a hearing to determine the existence of an independent source for the in-court identification of the defendant.
The defendant's presence was secured at a post-indictment lineup pursuant to a court order since, at that time, he was incarcerated on an unrelated charge...
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