People v. Jones

Appeal from judgment, Supreme Court, New York County (William J. Davis, J., at Wade hearing; Daniel P. FitzGerald, J., at trial and sentence), rendered on March 27, 1987, convicting defendant after a jury trial of burglary in the third degree and criminal mischief in the third degree and sentencing him to concurrent indeterminate terms of incarceration of 3 Vi to 7 years and 2 to 4 years, respectively, held in abeyance, and the matter remanded for a reopened hearing of defendant’s motion to suppress identification testimony.

We hold that the People failed to meet their burden of proof in…