People v. Thomas

Case held, decision reserved and matter remitted to Monroe County Court, Mark, J., for further proceedings in accordance with the following memorandum: The defendants should have been afforded an identification hearing. Approximately one month after the crime occurred, the victim of the assault, a New York State Trooper, made his initial identification of the defendants when he was shown their photo; graphs in connection with his appearance before the Grand Jury. Since "any improperly suggestive viewing at any time may constitute a violation of due process of law” (People v Blake, 35 NY2d…