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PEOPLE v. COOPER

31 A.D.2d 814 (1969)

The People of the State of New York, Respondent, v. John Cooper, Appellant

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

February 3, 1969

No questions of fact were considered. In our opinion, the record establishes that the pretrial identification procedure used in this case was unnecessarily and prejudicially suggestive (People v. Ballott, 20 N.Y.2d 600); and the new trial should be untainted by any testimony regarding it. Not only did the police have the victim view appellant (and a codefendant) through a "two way mirror" in the station house three times in one night...

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