PEOPLE v. MOORE


143 A.D.2d 1056 (1988)

The People of the State of New York, Respondent, v. Jeffrey Moore, Appellant

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

October 31, 1988


Ordered that the matter is remitted to the Supreme Court, Kings County, to hear and report as to whether an improper lineup affected the reliability of the in-court identification or whether the latter was supported by an independent source, and the appeal is held in abeyance in the interim; the Supreme Court is to file its report with all convenient speed.

The hearing court erred in denying that part of the defendant's omnibus motion which was to suppress the testimony...

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