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PEOPLE v. GALISIA

276 A.D.2d 712 (2000)

714 N.Y.S.2d 350

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL GALISIA, Appellant.

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

Decided October 23, 2000.

Ordered that the judgment is reversed, on the law, the second, third, and fifth counts of the indictment charging the defendant with gang assault in the first degree, assault in the first degree, and gang assault in the second degree are dismissed, that branch of the defendant's omnibus motion which was to suppress identification testimony is granted, and a new trial is ordered on the fourth and sixth counts of the indictment charging...

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