People v. Perry

OPINION OF THE COURT

Kristin Booth Glen, J.

This case presents a criminal procedure question of apparent first impression: Whether a court conducting a Wade hearing can consider the constitutionality of a stop which preceded the challenged identification in the absence of a defense motion made pursuant to Dunaway v New York (442 US 200 [1979])? If, as I hold below, the answer is yes, can the finding of an unconstitutional stop be extended to suppress evidence obtained after the defendant’s arrest, where no motion for a Mapp hearing has been made? Finally, was the police action in “forcibly…