PEOPLE v. GRIFFITHS


265 A.D.2d 425 (1999)

697 N.Y.S.2d 295

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALLEN GRIFFITHS, Appellant.

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

Decided October 12, 1999.


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 an independent source for the in-court identification of the defendant.

The defendant's presence was secured at a post-indictment lineup pursuant to a court order since, at that time, he was incarcerated on an unrelated charge...

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