PEOPLE v. MARION

2018-03489. Ind. No. 83/17.

193 A.D.3d 762 (2021)

141 N.Y.S.3d 865

2021 NY Slip Op 02177

The People of the State of New York, Respondent, v. Seth Marion, Appellant.

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

Decided April 7, 2021.


Attorney(s) appearing for the Case

Law Office of Stephen N. Preziosi, P.C., New York, NY, for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Sharon Y. Brodt , and Russell Shapiro of counsel), for respondent.

Rivera, J.P., Dillon, Connolly and Brathwaite Nelson, JJ., concur.


Ordered that the judgment is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress identification testimony regarding the lineup identification is granted, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

On December 6, 2016, three men committed a robbery in Queens. On January 10, 2017, the defendant was arrested in connection with the robbery when he appeared with his...

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