People v. Jackson

OPINION OF THE COURT

Wesley, J.

Defendant Ronald Jackson’s convictions in this case stem from an armed robbery. The central issue before us is the effect of the post-Wade hearing loss of a lineup photograph on defendant’s appeal of the hearing court’s determination that the lineup was not unduly suggestive.

During the early morning hours of August 28, 1998 defendant and codefendant Sean Smallwood got out of a red vehicle and approached two men at 38th Street between Fifth and Sixth Avenues in midtown Manhattan. Defendant pointed a gun at one of the men and demanded his chain. When the man took…