MATTER OF S.


228 A.D.2d 195 (1996)

643 N.Y.S.2d 100

In the Matter of Jamar S., a Person Alleged to be a Juvenile Delinquent, Appellant

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

June 6, 1996


The victim's out-of-court identification of respondent, given as evidence in chief pursuant to Family Court Act § 343.3, should have been the subject of a Wade hearing, since it took place while the victim and police were canvassing the crime area, and the presentment agency did not establish, as a matter of law, that the identification was free from the risk of police suggestion (People v Dixon, 85 N.Y.2d 218, 220)....

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