PEOPLE v. RIVERA


74 A.D.2d 857 (1980)

The People of the State of New York, Respondent, v. Pedro Rivera, Also Known as Pedro Molina, Appellant

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

March 10, 1980


Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

On April 4, 1977 the complainant was robbed by several men, one of whom he knew from the neighborhood by the nickname "Jose". Defendant was arrested on April 11, 1977 and a one-on-one showup was conducted at the station house. The People now concede that the showup was suggestive and in violation of the defendant's constitutional rights. Subsequent to the...

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