People v. Staton

Hall, J.,

dissents, and votes to reverse the judgment, grant that branch of the defendant’s omnibus motion which was to suppress identification testimony, and order a new trial, to be preceded by an independent source hearing, with the following memorandum: In my view, the Supreme Court erred in denying that branch of the defendant’s omnibus motion which was to suppress identification testimony. Consequently, I respectfully dissent.

Upon viewing the photographic array, my attention is immediately drawn to the defendant’s photograph, since the defendant appears to be significantly older than all…