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PEOPLE v. WILSON

5 N.Y.3d 778 (2005)

835 N.E.2d 1220

802 N.Y.S.2d 112

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

Court of Appeals of the State of New York.

Decided July 6, 2005.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (David J. Klem and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Frank Glaser and Donald J. Siewert of counsel), for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered, to be preceded by an independent source hearing.*

The People's eyewitness identified defendant in a pretrial lineup, which occurred almost immediately after a police officer had shown him defendant's photograph. Prior to trial, defendant moved to suppress the eyewitness's lineup identification, as well as his...

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