PEOPLE v. REDDING

2004-01647.

2009 NY Slip Op 06450

THE PEOPLE, ETC., respondent, v. SEAN REDDING, appellant.

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

Decided September 8, 2009.


Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York, N.Y. (Denise A. Corsi of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel), for respondent.

Before: Robert A. Spolzino, J.P., Joseph Covello, Plummer E. Lott, Leonard B. Austin, JJ.


DECISION & ORDER

ORDERED that the judgment is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress identification testimony is granted, and a new trial is ordered, to be preceded by a hearing to determine whether an independent source for the identification exists.

That branch of the defendant's omnibus motion which was to suppress identification testimony should have been granted. The alleged photocopy of the photographic...

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