PEOPLE v. FRANCIS


303 A.D.2d 598 (2003)

756 N.Y.S.2d 627

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN FRANCIS, Appellant.

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

Decided March 17, 2003.


Ordered that the judgment is modified, on the law, by vacating the conviction of grand larceny in the fourth degree and vacating the sentence imposed thereon, that branch of the defendant's omnibus motion which was to suppress identification testimony is granted, and a new trial is ordered on the charge of grand larceny in the fourth degree, to be preceded by an independent source hearing; as so modified, the judgment is affirmed.

The defendant's contention that the...

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