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PEOPLE v. RODRIGUEZ

99 N.Y.2d 570 (2003)

785 N.E.2d 726

755 N.Y.S.2d 705

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE L. RODRIGUEZ, Appellant.

Court of Appeals of the State of New York.

Decided January 16, 2003.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender, Rochester (Janet C. Somes of counsel), for appellant.

Howard R. Relin, District Attorney, Rochester (Wendy Evans Lehmann of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified by remitting to County Court for further proceedings in accordance with this memorandum and, as so modified, affirmed.

The Appellate Division erred in applying the harmless error rule where defendant pleaded guilty after the erroneous denial without a hearing of his motion to suppress certain identification testimony (see People v Sampson,

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