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PEOPLE v. MURPHY

260 A.D.2d 505 (1999)

686 N.Y.S.2d 332

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME MURPHY, Appellant.

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

Decided April 12, 1999.

Ordered that the judgment is reversed, and a new trial is ordered, to be preceded by an independent source hearing.

We agree with the defendant that, due to disparities between the defendant and the lineup fillers, the lineup procedure was unduly suggestive (see, People v Owens, 74 N.Y.2d 677). Thus, because no basis was developed at the Wade hearing for an independent source for the victims' in-court identifications...

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