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PEOPLE v. BRINSON

302 A.D.2d 471 (2003)

753 N.Y.S.2d 740

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER BRINSON, Also Known as CHRISTOPHE BRINSON, Appellant.

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

Decided February 10, 2003.

Ordered that the matter is remitted to the Supreme Court, Queens County, to hear and determine the issues raised in that branch of the defendant's omnibus motion which was to suppress identification testimony, and the appeal is held in abeyance in the interim. The Supreme Court, Queens County, shall file its report with all convenient speed.

The Supreme Court erred in denying that branch of the defendant's omnibus motion which was to suppress identification testimony...

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