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PEOPLE v. JOHNSON

81 N.Y.2d 828 (1993)

The People of the State of New York, Respondent, v. Robert Johnson, Appellant.

Court of Appeals of the State of New York.

Decided February 25, 1993.

Attorney(s) appearing for the Case

Irma B. Ascher, New York City, and Philip L. Weinstein for appellant.

William L. Murphy, District Attorney of Richmond County, Staten Island (Yolanda L. Rudich and Karen F. McGee of counsel), for respondent.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's motion to suppress the showup identification granted, and a new trial ordered.

On September 28, 1988, at about noon, the complainant, a postman, was approached from behind and robbed of a gold chain and pendant as he delivered mail in the lobby of an apartment building at 240 Park Hill Avenue in Richmond County. The complainant had observed...

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