People v. Thomas

Because I believe Supreme Court abused its discretion in allowing the jury to consider identification evidence concerning complainant’s prior out-of-court identification of defendant’s alleged accomplice, I respectfully dissent.

In the early morning hours of June 10, 2006, complainant was returning to his home in upper Manhattan after an evening socializing with friends. As complainant attempted to enter his apartment, located on East 103rd Street between Lexington and Park Avenues, defendant and another man named Cruz allegedly tackled him from behind on his front door landing. Complainant,…