People v. Wilson

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered, to be preceded by an independent source hearing. *

The People’s eyewitness identified defendant in a pretrial lineup, which occurred almost immediately after a police officer had shown him defendant’s photograph. Prior to trial, defendant moved to suppress the eyewitness’s lineup identification, as well as his prospective in-court identification testimony. At the suppression hearing, Supreme Court denied defendant’s motion, finding the lineup identification untainted by the…