PEOPLE v. HIGHTOWER

2017-03878, Ind. No. 703/16.

176 A.D.3d 865 (2019)

110 N.Y.S.3d 37

2019 NY Slip Op 07280

The People of the State of New York, Respondent, v. Malakyle M. Hightower, Appellant.

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

Decided October 9, 2019.


Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Ronald Zapata of counsel), for appellant.

John M. Ryan , Acting District Attorney, Kew Gardens, NY ( John M. Castellano , Johnnette Traill , and Hannah X. Scotti of counsel), for respondent.

Rivera, J.P., LaSalle, Barros and Iannacci, JJ., concur.


Ordered that the judgment is reversed, on the law, those branches of the defendant's omnibus motion which were to suppress identification evidence and the defendant's statement to law enforcement officials are granted, and a new trial is ordered, to be preceded by an independent source hearing.

The defendant was convicted of charges related to a robbery that occurred in January 2016, in Queens. At a pretrial suppression hearing, police officer Matthew Gorman testified...

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