PEOPLE v. JOHN


151 A.D.2d 609 (1989)

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

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

June 12, 1989


Ordered that the judgment is reversed, on the law and the facts, those branches of the defendant's omnibus motion which were to suppress physical evidence and testimony regarding the lineup identification are granted, and a new trial is ordered, prior to which a hearing shall be held to determine whether there is an independent source for the complainant's in-court identification of the defendant.

The evidence adduced at the hearing established that at approximately...

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