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PEOPLE v. THOMAS

76 N.Y.2d 902 (1990)

The People of the State of New York, Appellant, v. Dexter Thomas, Respondent.

Court of Appeals of the State of New York.

Decided October 11, 1990.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney (Seth M. Lieberman and Jay M. Cohen of counsel), for appellant.

David Crow and Philip L. Weinstein for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was in custody at Rikers Island on an unrelated charge on which he was represented by counsel. The prosecutor obtained an ex parte order directing defendant's appearance in a lineup in this case (see, People v Coleman, 43 N.Y.2d 222). There are undisturbed findings sufficient to support the...

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