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People v. Poerschke

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1974
44 A.D.2d 844 (N.Y. App. Div. 1974)

Opinion

May 20, 1974


Appeal by defendant from a judgment of the County Court, Suffolk County, rendered August 4, 1971, convicting him of robbery in the first degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Case remanded to the County Court for a determination concerning whether the People's pretrial photographic identification procedures were impermissibly suggestive, tended to cause a substantial likelihood of irreparable misidentification, and tainted the trial identification of defendant by the People's identification witness. Pending such determination, the appeal will be held in abeyance. It was error to deny defendant's motion for a pretrial hearing concerning the photographic identification of him by the People's identification witness ( People v. Harrington, 31 N.Y.2d 785). Gulotta, P.J., Hopkins, Martuscello, Christ and Brennan, JJ., concur.


Summaries of

People v. Poerschke

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1974
44 A.D.2d 844 (N.Y. App. Div. 1974)
Case details for

People v. Poerschke

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALAN POERSCHKE, Also…

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

Date published: May 20, 1974

Citations

44 A.D.2d 844 (N.Y. App. Div. 1974)

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