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PEOPLE v. PUCKETT

270 A.D.2d 364 (2000)

705 N.Y.S.2d 381

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY PUCKETT, Appellant.

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

Decided March 13, 2000.

Ordered that the judgments are reversed, on the law, the pleas are vacated, and the matters are remitted to the Supreme Court, Queens County, for further proceedings consistent herewith, including an independent source hearing under Indictment Number 3034/96.

We agree with the defendant that, due to dissimilarities between him and the lineup fillers, the lineup procedure with regard to Indictment Number 3034/96 was unduly suggestive (see, People v Owens,

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