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PEOPLE v. WHITING

5 Misc.3d 802 (2004)

781 N.Y.S.2d 729

The PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. HAKIM WHITING, Defendant.

Criminal Court of the City of New York, Queens County.

September 1, 2004.

Attorney(s) appearing for the Case

Edward Zaloba for defendant.

Richard A. Brown, District Attorney (Jerry S. Lettieri of counsel), for plaintiff.

OPINION OF THE COURT

JOSEPH A. ZAYAS, J.

Defendant is charged with assault in the third degree (Penal Law § 120.00), arising from allegations that he and others caused physical injury to the complainant in a public high school.

Defendant moves for an order, pursuant to CPL 710.30 (3), precluding the in-court and out-of-court identification testimony of the complainant. In support of the motion...

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