People v. Poerschke

44 A.D.2d 844, 355 N.Y.S.2d 640, 1974 N.Y. App. Div. LEXIS 4980

Opinion

Appeal by defendant from a judgment of the County Court, Suffolk County, rendered August 4,1971, convicting him of robbery in the first degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Case remanded to the County Court for a determination concerning whether the People’s pretrial photographic identification procedures were impermissibly suggestive, tended to cause a substantial likelihood of irreparable misidentifiea tion, and tainted the trial identification of defendant by the People’s identification witness. Pending such determination, the appeal will be held in abeyance. It was error to deny defendant’s motion for a pretrial hearing concerning the photographic identification of him by the People’s identification witness (People v. Harrington, 31 N Y 2d 785). Gulotta, P. J., Hopkins, Martuscello, Christ and Brennan, JJ., concur.