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People v. Gonzales

Appellate Division of the Supreme Court of New York, First Department
May 13, 1976
52 A.D.2d 789 (N.Y. App. Div. 1976)

Opinion

May 13, 1976


Judgment, Supreme Court, Bronx County, rendered January 9, 1975, convicting the defendant upon a jury verdict of robbery in the first degree and sentencing him as a second felony offender to a term of from 4 1/2 to 9 years, unanimously reversed, on the law, and the indictment dismissed. This matter is foreclosed by the opinion of this court in the appeal of the appellant's codefendant, People v Marrero ( 51 A.D.2d 513), in which this court acknowledged the impropriety of the show-up. Whereas in that case it was concluded that there was sufficient independent basis to support the in-court identification of the defendant Marrero, we find that in this case the victim was not in a position to observe this defendant and, therefore, the show-up being improper, the in-court identification was thereby tainted (see Stovall v Denno, 388 U.S. 293, 301-302), and cannot be otherwise resurrected. (United States v Wade, 388 U.S. 218.)

Concur — Stevens, P.J., Kupferman, Lupiano, Capozzoli and Lane, JJ.


Summaries of

People v. Gonzales

Appellate Division of the Supreme Court of New York, First Department
May 13, 1976
52 A.D.2d 789 (N.Y. App. Div. 1976)
Case details for

People v. Gonzales

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRUNO GONZALES…

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

Date published: May 13, 1976

Citations

52 A.D.2d 789 (N.Y. App. Div. 1976)