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PEOPLE v. MARSHALL

No. 195

26 N.Y.3d 495 (2015)

45 N.E.3d 954

2015 NY Slip Op 09313

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KAITY MARSHALL, Appellant.

Court of Appeals of New York.

Decided December 17, 2015.

Attorney(s) appearing for the Case

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Richard Joselson of counsel), for appellant.

Kenneth P. Thompson , District Attorney, Brooklyn ( Camille O'Hara Gillespie , Diane R. Eisner and Leonard Joblove of counsel), for respondent.

Kramer Levin Naftalis & Frankel LLP, New York City ( David S. Frankel and Sarah C. White of counsel), and The Innocence Project, Inc., New York City ( Barry C. Scheck and Karen A. Newirth of counsel), for Innocence Project, Inc., amicus curiae.

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

OPINION OF THE COURT

Defendant claims that the trial court, relying on People v Herner (85 N.Y.2d 877 [1995]), and affirmed by the Appellate Term, improperly denied her request for a Wade hearing to determine the suggestiveness...

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