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PEOPLE v. BROWN

No. 36, No. 37

25 N.Y.3d 973 (2015)

31 N.E.3d 1194

9 N.Y.S.3d 597

2015 NY Slip Op 02552

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WILLIAM BROWN, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. PATRICK THOMAS, Respondent.

Court of Appeals of New York.

Decided March 26, 2015.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( David M. Cohn , Alan Gadlin and Yuval Simchi-Levi of counsel), for appellant in the first and second above-entitled actions.

Robert S. Dean , Center for Appellate Litigation, New York City ( Bruce D. Austern of counsel), for respondent in the first above-entitled action.

Dechert LLP, New York City ( Hector Gonzalez , Laura E. Meehan and James M. McGuire of counsel), and Seymour W. James, Jr., Legal Aid Society, Criminal Appeals Bureau, New York City ( David Crow and Andrew Fine of counsel), for respondent in the second above-entitled action.

Chief Judge LIPPMAN and Judges READ, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur; Judge PIGOTT dissents in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The appeals should be dismissed for failure to fulfill the requirements of CPL 450.90 (2) (a).

The Appellate Division, with two Justices dissenting, determined that Supreme Court should have suppressed the showup identification of defendant William Brown (115 A.D.3d 38 [1st Dept 2014]) and the showup identification of and property seized from defendant Patrick Thomas (

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