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PEOPLE v. ROBINSON

2013-03764

123 A.D.3d 1062 (2014)

999 N.Y.S.2d 499

2014 NY Slip Op 09024

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN ROBINSON, Appellant.

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

Decided December 24, 2014.

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.

The defendant was arrested in connection with three robberies. At a Wade hearing (see United States v Wade, 388 U.S. 218 [1967]) a detective...

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