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PEOPLE v. BROWN

86 N.Y.2d 728 (1995)

655 N.E.2d 162

631 N.Y.S.2d 121

The People of the State of New York, Respondent, v. Arthur Brown, Appellant.

Court of Appeals of the State of New York.

Decided June 29, 1995.

Attorney(s) appearing for the Case

Karl E. Pflanz, New York City, E. Joshua Rosenkranz, Howard A. Pincus and Rosemary Herbert for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Margaret M. DePaola and Paul Harnisch of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be modified by remitting the case to Supreme Court, New York County, for a Wade hearing and, as so modified, affirmed. If it is determined at the Wade hearing that police suggestiveness tainted the showup identification procedure, defendant is entitled to a new trial. If the People prevail at the Wade hearing, the judgment of conviction and sentence...

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