PEOPLE v. MONTGOMERY


88 N.Y.2d 1041 (1996)

673 N.E.2d 917

650 N.Y.S.2d 632

The People of the State of New York, Respondent, v. Alashia Montgomery, Appellant.

Court of Appeals of the State of New York.

Decided October 17, 1996.


Attorney(s) appearing for the Case

Lawrence Mark Stern, New York City, and Jesse Berman for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Alan Gadlin and Mark Dwyer 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 affirmed.

The People conceded at a Wade hearing that five fillers who were significantly older than the 15-year-old defendant were placed in a lineup with defendant and that the lineup report falsely stated that the fillers were teenagers when their ages actually ranged from 28 to 42. After a Wade hearing, the court determined that the lineup...

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