People v. Robles

227 A.D.2d 309, 642 N.Y.S.2d 889, 1996 N.Y. App. Div. LEXIS 6024

Opinion

Appeal from judgment of Supreme Court, Bronx County (David Stadtmauer, J.), rendered December 14, 1993, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously held in abeyance and the matter remitted to the Supreme Court, Bronx County, for a Wade hearing regarding the victim’s identification testimony.

The 20-minute canvass of the area that resulted in the complainant’s identification of defendant was "a police-sponsored procedure conducted for the purpose of obtaining an identification”, and since "the parties’ submissions did not establish, as a matter of law, that the identification was free from the risk of police suggestion, defendant was entitled to a Wade hearing to test the propriety of the procedure and the risk of misidentification” (People v Dixon, 85 NY2d 218, 220). Accordingly, we hold the appeal in abeyance and remit the matter for a Wade hearing. Concur — Murphy, P. J., Sullivan, Wallach, Nardelli and Tom, JJ.