PEOPLE v. FERNANDEZ


82 A.D.2d 922 (1981)

The People of the State of New York, Respondent, v. Moses Fernandez, Also Known as Moises Fernandez, Appellant

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

June 29, 1981


Judgment reversed, on the law and as a matter of discretion in the interest of justice, defendant's motion granted to the extent that the pretrial identification of the defendant is suppressed, and new trial ordered.

Prior to the new trial, a Wade hearing shall be conducted with respect to the admissibility of Lydia Duran's in-court identification of the defendant. On April 2, 1978 three men gained admittance to the complainants' home by way of a ruse, and...

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