PEOPLE v. GADDY


115 A.D.2d 658 (1985)

The People of the State of New York, Respondent, v. Dwight Gaddy and Walter Gordon, Appellants

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

December 23, 1985


Judgments reversed, on the law and the facts, motions granted to the extent that Kendall Russell's lineup and in-court identification testimony and Melvin Penn's lineup identification testimony are suppressed, and new trial ordered.

The facts of this matter were discussed in detail in our prior decision dated December 5, 1983. At the second Wade hearing, held pursuant to our order, Detective Mack Ferguson testified that complainants Kendall Russell and Melvin...

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