From Casetext: Smarter Legal Research

People v. Sheffield

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1992
185 A.D.2d 256 (N.Y. App. Div. 1992)

Opinion

July 6, 1992

Appeal from the Supreme Court, Richmond County (Felig, J.).


Ordered that the judgment is reversed, on the law, and a new trial is ordered to be preceded by an independent source hearing. No questions of fact have been raised or considered.

At the conclusion of the pretrial Wade hearing, at which the complainant did not testify, the court ruled that the complainant's lineup identification of the defendant was tainted, and suppressed the lineup identification testimony. The defendant argues, inter alia, that the trial court committed reversible error in subsequently allowing the complainant to give in-court identification testimony without conducting an independent source hearing. We agree.

Once a pretrial identification has been suppressed as tainted, a pretrial determination must be made as to whether the witness has an independent source for an in-court identification (see, People v. Burts, 78 N.Y.2d 20, 24-25; People v. Dodt, 61 N.Y.2d 408, 417). Since an independent source was not established at the Wade hearing, and no pretrial determination was made as to independent source, the conviction must be reversed, and a new trial ordered, to be preceded by an independent source hearing (see, People v. Dodt, supra, at 417; People v. Minaya, 183 A.D.2d 920). Harwood, J.P., O'Brien, Ritter and Copertino, JJ., concur.


Summaries of

People v. Sheffield

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1992
185 A.D.2d 256 (N.Y. App. Div. 1992)
Case details for

People v. Sheffield

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONELL SHEFFIELD…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 6, 1992

Citations

185 A.D.2d 256 (N.Y. App. Div. 1992)

Citing Cases

People v. Lloyd

Notwithstanding the above, once a pretrial identification has been suppressed as tainted, a pretrial…

People v. Diaz

30, 165.45 Penal). However, while we agree with the hearing court's holding that the defendant was denied his…