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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47100 Justice Collini DEFENDANT WAS charged with attempted murder, assault, weapons possession and reckless endangerment. Undisputed testimony at a Wade hearing revealed that an attorney: surrendered defendant to police; waited approximately four hours for identification lineups to be conducted; left the police station shortly before 1 p.m., after informing police that he had another appointment; and that all lineups were conducted within 20 minutes thereafter. The police did not inform the attorney, before leaving, that the line-ups were minutes away from beginning nor did they attempt to contact the attorney. The court granted defendant’s motion to suppress lineup identifications. Distinguishing People v. Riley and People v. McRae, and referring to People v. Lo Pizzo and People v. Davis, the court, quoting People v. Wilson, found that in conducting the lineups “without some notice or other legally recognized excusal of counsel’s presence, the police took the risk that the adduced evidence would not be allowed.”

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