People v. Wright

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK WRIGHT, Appellant

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

Date published: Dec 10, 1998

256 A.D.2d 106 (N.Y. App. Div. 1998)

682 N.Y.S.2d 154

Opinion

December 10, 1998

Appeal from the Supreme Court, Bronx County (Elbert Hinkson, J., at suppression motion; Martin Marcus, J., at jury trial and sentence).

Defendant's detailed motion papers contained sufficient factual allegations to require the grant of a hearing to determine whether there was probable cause for his arrest ( see, People v. Mendoza, 82 N.Y.2d 415). Denial of a Wade hearing on the ground that the identification was merely confirmatory does not eliminate the question of whether the identification must be suppressed as fruit of an illegal arrest ( see, People v. Gethers, 86 N.Y.2d 159), and the court's summary ruling that the arrest was lawful was improper given the factual issues raised by the motion papers.

Concur — Rosenberger, J. P., Ellerin, Wallach and Saxe, JJ.