People v. Johnson

The defendant is charged in the *750pending indictment with robbery in the first degree; robbery in the second degree; and criminal possession of a weapon, all arising out of events occurring on February 8, 1975. The defendant moves to suppress identification testimony to be offered at the trial on the ground that he was previously photographed illegally and the subsequent identification made by the victim in the present case was the result of that illegal picture and should be suppressed as "fruit of the poisonous tree” (Wong Sun v United States, 371 US 471).

The chronology is as follows: The…