Opinion
May 28, 1996
Appeal from the Supreme Court, Bronx County (David Stadtmauer, J.).
The 20-minute canvass of the area that resulted in the complainant's identification of defendant was "a police-sponsored procedure conducted for the purpose of obtaining an identification", and since "the parties' submissions did not establish, as a matter of law, that the identification was free from the risk of police suggestion, defendant was entitled to a Wade hearing to test the propriety of the procedure and the risk of misidentification" ( People v. Dixon, 85 N.Y.2d 218, 220). Accordingly, we hold the appeal in abeyance and remit the matter for a Wade hearing.
Concur — Murphy, P.J., Sullivan, Wallach, Nardelli and Tom, JJ.