People v. Mikel

Judgment unanimously reversed on the law and new trial granted. Memorandum: We agree with defendant that the submission of an annotated verdict sheet to the jury requires reversal (see, People v Richardson, 234 AD2d 952; see also, People v Damiano, 87 NY2d 477). We reject defendant’s contention that a witness did not have an independent basis for her in-court identification of defendant. The suppression court concluded that the photo array identification procedure was impermissibly suggestive and held a hearing to determine whether the witness had an independent basis for her identification…