Opinion
April 12, 1999
Appeal from the Supreme Court, Kings County (Starkey, J.).
Ordered that the judgment is reversed, and a new trial is ordered, to be preceded by an independent source hearing.
We agree with the defendant that, due to disparities between the defendant and the lineup fillers, the lineup procedure was unduly suggestive ( see, People v. Owens, 74 N.Y.2d 677). Thus, because no basis was developed at the Wade hearing for an independent source for the victims' in-court identifications of the defendant, a new trial is required, to be preceded by an independent source hearing ( see, People v. Burts, 78 N.Y.2d 20).
O'Brien, J. P., Ritter, Thompson and Goldstein, JJ., concur.