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PEOPLE v. RILEY

70 N.Y.2d 523 (1987)

The People of the State of New York, Respondent, v. Thomas Riley, Appellant. The People of the State of New York, Respondent, v. Oscar Rodriguez, Appellant.

Court of Appeals of the State of New York.

Decided November 25, 1987.

Attorney(s) appearing for the Case

Betty L. Atlas and Philip L. Weinstein for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney (Vija Kemanis and Amyjane Rettew of counsel), for respondent in the first above-entitled action.

Donald I. Marlin for appellant in the second above-entitled action.

Robert M. Morgenthau, District Attorney (Barbara A. Sheehan and Mark Dwyer of counsel), for respondent in the second above-entitled action.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

BELLACOSA, J.

In two distinct cases, defendants appeal, challenging the admission of allegedly suggestive station house showup identifications and resultant in-court identifications made at trial. The showup identification evidence in each case was suggestive as a matter of law and was erroneously admitted at the respective trials. Independent source evidence was not...

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