PEOPLE v. COLEMAN

2006-02856.

73 A.D.3d 1200 (2010)

903 N.Y.S.2d 431

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHERROD COLEMAN, Appellant.

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

Decided May 25, 2010.


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 identifications exists.

In People v Coleman (60 AD3d at 1080), we concluded that the Supreme Court erred in determining, without a hearing, that the out-of-court photographic identifications made by...

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