People v. Murphy

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered December 2, 1997, convicting him of robbery in the first degree, upon a jury verdict, and imposing *506sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is reversed, and a new trial is ordered, to be preceded by an independent source hearing.

We agree with the defendant that, due to disparities between the defendant and the lineup fillers, the lineup…