People v. Guitierres

Hall, J.,

dissents and votes to affirm the order appealed from, with the following memorandum: I respectfully dissent from the conclusion reached by the majority because, in my view, the hearing court properly granted those branches of the defendants’ separate omnibus motions which were to suppress evidence of showup identifications and potential in-court identifications.

As I see it, the People failed to meet their burden of establishing the reasonableness of the police conduct and the lack of undue suggestiveness (see People v Ortiz, 90 NY2d 533, 537 [1997]). With respect to the first group…