People v. Stephens

I find no reason for disturbing the hearing court’s determination, which was based upon its acceptance of the testimony of the defendants’ witnesses, to the effect that there was a clear "indication that the police had engaged in improper conduct [prior to the time that the actual lineups were set up and viewed by the complainant, which was] calculated to influence the [complainant’s] identification of the defendant^]” (cf., People v Baity, 139 AD2d 521, 522). As noted by the majority, Sergeant Steele did not recall whether on the night of the lineups, the complainant’s mother had accompanied…