PEOPLE v. BROWN


256 A.D.2d 414 (1998)

682 N.Y.S.2d 229

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK BROWN, Appellant.

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

Decided December 14, 1998.


Ordered that the judgment is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress identification testimony is granted, and a new trial is ordered, to be preceded by a hearing to determine the existence of independent source for the identifications.

As part of his pretrial omnibus motion, the defendant moved to suppress the victims' identification testimony. Three victims separately observed the defendant in a lineup after the police...

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