PEOPLE v. BORGES


35 A.D.2d 585 (1970)

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

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

July 20, 1970


Case remitted to the trial court for a hearing and a determination as to whether the in-court identification of defendant was unduly influenced by prejudicially suggestive identification methods. In the interim, the appeal will be held in abeyance. There were three perpetrators of this crime, all of whom were Negro, whereas the sole witness for the prosecution was Caucasian. The latter had never seen defendant before the day of the robbery and observed him for less than 20...

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