PEOPLE v. ROE


36 A.D.2d 1012 (1971)

The People of the State of New York, Respondent, v. Elmer George Roe, Appellant

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

May 20, 1971


Judgment unanimously affirmed.

Memorandum:

After a Wade hearing, the court found that the pretrial identification procedures wherein the victim identified defendant were unfair and further that the People failed to establish that the in-court identification had an independent basis. Consequently, it was error to have permitted the victim to make an in-court identification of defendant at the trial. (People v. Ballott, 20 N.Y...

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