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PEOPLE v. GORDON

76 N.Y.2d 595 (1990)

The People of the State of New York, Respondent, v. Anthony Gordon, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 1990.

Attorney(s) appearing for the Case

Barbara Zolot and Philip L. Weinstein for appellant.

Robert T. Johnson, District Attorney (Stanley R. Kaplan and Peter D. Coddington of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE and HANCOCK, JR., concur with Judge BELLACOSA; Judge TITONE dissents in part in a separate opinion in which Judge ALEXANDER concurs.

BELLACOSA, J.

This appeal from an Appellate Division order, affirming a conviction of criminal sale and possession of drugs, turns on the admissibility of a station house showup identification by an undercover police officer. The Court is unanimous that the undercover officer's December 7, 1984 showup identification of defendant as a participant in a drug sale on November 27, 1984 is irredeemably suggestive and...

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