PEOPLE v. BARNES


197 A.D.2d 925 (1993)

604 N.Y.S.2d 850

The People of the State of New York, Respondent, v. Anthony Barnes, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 1993


Case held, decision reserved and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: The court should have held a hearing to determine whether the photo identification of defendant by the victim was confirmatory and, if not, whether the identification procedure was impermissibly suggestive (see, People v Rodriguez, 79 N.Y.2d 445). We have reviewed defendant's other contentions...

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