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People v. Robles

Appellate Division of the Supreme Court of New York, First Department
May 28, 1996
227 A.D.2d 309 (N.Y. App. Div. 1996)

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.


Summaries of

People v. Robles

Appellate Division of the Supreme Court of New York, First Department
May 28, 1996
227 A.D.2d 309 (N.Y. App. Div. 1996)
Case details for

People v. Robles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEX ROBLES, Also…

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

Date published: May 28, 1996

Citations

227 A.D.2d 309 (N.Y. App. Div. 1996)
642 N.Y.S.2d 889

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