PEOPLE v. MILLIGAN


54 A.D.2d 967 (1976)

The People of the State of New York, Respondent, v. Gilbert Milligan, Appellant

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

November 22, 1976


Judgment reversed, on the law, and new trial ordered.

After a Wade hearing, the court found that the victim witness had had ample opportunity to view the defendant at the time of the perpetration of the robbery. The court also found that a subsequent station house showup did not taint the in-court identification. However, at the trial, proof of the showup was admitted into evidence. The People concede, in its brief, that the admission of the testimony concerning...

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