PEOPLE v. BREITENBACH


260 A.D.2d 389 (1999)

687 N.Y.S.2d 437

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD BREITENBACH, Appellant.

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

Decided April 5, 1999.


Ordered that the judgment is reversed, on the law, so much of the order denying that branch of the defendant's omnibus motion which was to suppress identification testimony is vacated, and a new trial is ordered, to be preceded by a hearing to determine the existence of an independent source for the identification testimony. Findings of fact have been considered and are determined to have been established; and it is further,

Ordered that the appeal from the amended...

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