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PEOPLE v. ASPINALL

194 Misc.2d 630 (2003)

756 N.Y.S.2d 397

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MICHAEL ASPINALL, Defendant.

Supreme Court, Richmond County.

January 23, 2003.

Attorney(s) appearing for the Case

William L. Murphy, District Attorney, Staten Island (Paul Capofari of counsel), for plaintiff.

Battiste, Aronowsky & Suchow, Inc., Staten Island (Gregory Clarke of counsel), for defendant.

OPINION OF THE COURT

LEONARD P. RIENZI, J.

The People have moved for an order compelling the indicted defendant to stand in a corporeal lineup. Defendant opposes a "traditional" lineup but consents to a "double blind and sequential" lineup. The People oppose the type lineup suggested by defendant and argue that the court lacks the authority to order particular types of identification proceedings.

In a "traditional" lineup, the eyewitness simultaneously...

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