People v. McMoore

37 A.D.2d 962, 327 N.Y.S.2d 828, 1971 N.Y. App. Div. LEXIS 3105

Opinion

On April 16, 1970 the Court of Appeals reversed so much of an order of this court as granted defendant MoMoore and one of his codefendants, Washington, a new trial; and reinstated the judgments convicting said defendants, but directed a hearing on the -issue of in-court identification (People v. MoMoore, 26 N Y 2d 331). Such hearing has heen held and -an order of the Supreme Court, Kings County, has been made, dated September 25, 1970, which adjudged the in-court identifications untainted by the lineup in question; and defendant McMoore’s appeal from the order dated September 25, 1970 is now before us. Order affirmed and the affirmance of the judgment against defendant MoMoore is -adhered to. No opinion. Munder, Acting P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.