People v. Smart

*515Chambers, J.,

dissents, and votes to reverse the judgment, on the law, and order a new trial, to be preceded by a hearing to determine whether an independent source for the identification testimony exists, with the following memorandum: I cannot subscribe to the majority’s view that the lineup identification evidence in this case was not unduly suggestive. As the evidence of the defendant’s guilt was far from overwhelming, and hinged essentially on the identification testimony (see People v Gethers, 86 NY2d 159, 163 [1995]), I would reverse and order a new trial, to be preceded by an…