People v. Brown

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by remitting the case to Supreme Court, New York County, for a Wade hearing and, as so modified, affirmed. If it is determined at the Wade hearing that police suggestiveness tainted the showup identification procedure, defendant is entitled to a new trial. If the People prevail at the Wade hearing, the judgment of conviction and sentence should be amended to reflect that result.

Defendant, handcuffed and surrounded by police officers in a stairwell after he was apprehended, was identified by a robbery victim…