PEOPLE v. WILSON


11 A.D.3d 204 (2004)

782 N.Y.S.2d 267

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAMEL WILSON, Appellant.

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

October 5, 2004.


The suppression court should have granted defendant's motion to suppress his lineup identification on the ground that it had been rendered unduly suggestive by the single-photo showup that had immediately preceded it. The time interval between the display of the photo and the lineup was so brief that there is no basis for finding any attenuation. Although the court conducted a thorough independent source hearing and correctly found...

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