Opinion
No. 570633/16
05-30-2024
The People of the State of New York, Respondent, v. Yubeiker Murillo, Defendant-Appellant.
Unpublished Opinion
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Stephen Antignani, J.), rendered August 17, 2016, after a nonjury trial, convicting him of attempted assault in the third degree and harassment in the second degree, and imposing sentence.
PRESENT: Brigantti, J.P., James, Perez, JJ.
PER CURIAM.
Appeal from judgment of conviction (Stephen Antignani, J.), rendered August 17, 2016, held in abeyance, and the matter remitted to Criminal Court for a Wade/Rodriguez hearing regarding the victim's identification testimony.
A hearing is necessary to determine whether the victim's identification of defendant was confirmatory in nature (see People v Rodriguez, 79 N.Y.2d 445 [1992]) and, if not, whether the identification procedure was unduly suggestive (see People v Dixon, 85 N.Y.2d 218 [1995]). Given the procedural circumstances, the parties did not have a full opportunity to litigate this issue. Accordingly, we hold the appeal in abeyance and remit for a hearing.
All concur