People v. Montgomery

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The People conceded at a Wade hearing that five fillers who were significantly older than the 15-year-old defendant were placed in a lineup with defendant and that the lineup report falsely stated that the fillers were teenagers when their ages actually ranged from 28 to 42. After a Wade hearing, the court determined that the lineup was tainted by undue suggestion and suppressed the lineup identifications emanating therefrom. Citing this Court’s decision in People v Isaacson (44 NY2d 511), defendant contends…