PEOPLE v. DANIELS


139 A.D.2d 478 (1988)

The People of the State of New York, Respondent, v. John Daniels, Appellant

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

April 28, 1988


We hold this appeal in abeyance, so that this matter may be remanded for a Wade hearing. The Calendar Judge erred in summarily denying defendant's motion to suppress the complainant's identification testimony without a hearing. Defendant's allegations in his motion papers, that he and two other suspects were jointly displayed to the complainant, handcuffed and surrounded by uniformed police officers, were sufficient to raise a question as to the propriety of the identification...

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