PEOPLE v. KENNEDY


282 A.D.2d 759 (2001)

726 N.Y.S.2d 109

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTOINETTE KENNEDY, Appellant.

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

Decided April 30, 2001.


Ordered that the judgment is reversed, on the law, and a new trial ordered, to be preceded by a hearing to determine whether an independent source exists for the in-court identifications of the defendant by the two witnesses who made lineup identifications.

The defendant contends that the hearing court erred in denying that branch of her omnibus motion which was to suppress identification testimony because the prosecution failed to establish that her arrest was supported...

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