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PEOPLE v. SHARP

458/2011.

36 Misc.3d 381 (2012)

942 N.Y.S.2d 779

2012 NY Slip Op 22100

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. TERRANCE SHARP, Defendant.

Supreme Court, Bronx County.

April 11, 2012.

Attorney(s) appearing for the Case

Robert T. Johnson , District Attorney, Bronx ( Leslie Sturm of counsel), for plaintiff. Legal Aid Society, Bronx ( Thalia Karny of counsel), for defendant.

OPINION OF THE COURT

MARTIN MARCUS, J.

In this case, after a witness identified the defendant's photograph using the New York City Police Department's photo manager system, the witness again identified the defendant in an investigative lineup conducted in violation of the defendant's right to counsel. Acknowledging that the lineup identification must be suppressed, the People now apply for an order pursuant to CPL 240.40 (2) (b) (i) directing the defendant...

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