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PEOPLE v. MASSIE

305 A.D.2d 116 (2003)

757 N.Y.S.2d 742

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMAL MASSIE, Appellant.

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

Decided May 1, 2003.

The court properly ruled that defendant's proposed inquiry into a pretrial photographic identification would open the door to testimony regarding untainted and attenuated lineup identifications that had been suppressed solely on right to counsel grounds (see People v Melendez, 55 N.Y.2d 445 [1982]). Defendant sought to establish that the witnesses' in-court identifications were the product of an allegedly suggestive photo identification...

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