PEOPLE v. GUITIERRES

2009-11721.

82 A.D.3d 1116 (2011)

919 N.Y.S.2d 211

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. OSCAR GUITIERRES and BRANDON ABRIZ, Respondents.

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

Decided March 22, 2011.


Ordered that the order is reversed, on the law and the facts, those branches of the defendants' separate omnibus motions which were to suppress evidence of showup identifications and potential in-court identifications are denied, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.

As developed at a Dunaway/Wade hearing (see Dunaway v New York, 442 U.S. 200 [1979...

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