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PEOPLE v. BANKS

100 A.D.2d 780 (1984)

The People of the State of New York, Respondent, v. Michael Banks, Also Known as Michael Redhook, Appellant

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

April 10, 1984

¶ As the People concede on the appeal, defendant was entitled to a Wade and Mapp hearing on the issue of suppression of the identification testimony and the physical evidence and, accordingly, the matter should be remanded, with the appeal held in abeyance pending the remand (see People v McNeil, 55 A.D.2d 573). Since the prosecution did not concede the truth of the factual allegations made by defendant in support...

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