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PEOPLE v. ORTIZ

287 A.D.2d 744 (2001)

732 N.Y.S.2d 249

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN MANUEL ORTIZ, Also Known as JUAN ORTIZ ALVEAR, Appellant.

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

Decided October 29, 2001.

Ordered that the judgment is affirmed.

The defendant contends that his right to counsel was violated when his attorney was excluded from the viewing room during the lineup, and therefore the lineup identification evidence should have been suppressed. However, there is ample evidence to support the hearing court's determination that defense counsel consented to remain in the lineup room during the viewing. Furthermore, defense...

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