People v. Whiting

*803OPINION OF THE COURT

Joseph A. Zayas, J.

Defendant is charged with assault in the third degree (Penal Law § 120.00), arising from allegations that he and others caused physical injury to the complainant in a public high school.

Defendant moves for an order, pursuant to CPL 710.30 (3), precluding the in-court and out-of-court identification testimony of the complainant. In support of the motion, defendant alleges that on June 2, 2003 (three days after the alleged assault on May 30, 2003), a police-arranged identification procedure (i.e., a showup) occurred in a “detention room” at defendant’s…