PEOPLE v. WYNN


57 A.D.2d 937 (1977)

The People of the State of New York, Respondent, v. Carlos T. Wynn, Appellant

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

May 23, 1977


Judgment reversed, on the facts, and indictment dismissed.

The sole evidence connecting defendant-appellant with the crime charged was the identification by the complaining witness. She had identified defendant after a series of prejudicial showups. Testimony relating thereto was suppressed by the court after a Wade hearing. However, the complaining witness was permitted to identify defendant in court. The description given by her to the police after the incident...

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