People v. Malone

OPINION OF THE COURT

Phyllis Orlikoff Flug, J.

The defendant, charged, inter alla, with robbery in the first degree, has moved for an order precluding identification testimony, by the two victims, on the ground that the behavior of the police in conducting the lineup was unconscionable and in direct violation of the defendant’s right to fairness and due process. The defendant did not allege a lack of probable cause to conduct the lineup.

A Wade hearing was conducted before the court on January 5, 7, and February 16, 1993. The People called New York City Police Detective Joseph Branzetti and one…