People v. Blue

• Decision Date: 07 June 1971
• Citation: People v. Blue, 323 N.Y.S.2d 663, 37 A.D.2d 581 (N.Y. App. Div. 1971)
• Parties: The PEOPLE, etc., Respondents, v. Mozart BLUE and Anthony Borges, Appellants.
• Court: New York Supreme Court — Appellate Division

Page 663

323 N.Y.S.2d 663

37 A.D.2d 581

The PEOPLE, etc., Respondents, v. Mozart BLUE and Anthony Borges, Appellants.

Supreme Court of New York, Appellate Division Second Department.

June 7, 1971.

Thomas J. Mackell, Dist. Atty., Queens County, Kew Gardens, for respondents; Thomas A. Duffy, Jr., Asst. Dist. Atty., of counsel.

Patrick M. Wall, New York City, for appellants.

Appeal by defendants from judgments of the Supreme Court, Queens County, rendered October 25, 1968 as to defendant Borges (indictment 2004/67), and October 30, 1968 as to defendant Blue (indictment 2009/67), convicting them of robbery in the first degree and related crimes, upon a jury verdict, and imposing sentence. Judgment convicting defendant Blue affirmed. No opinion. Case of defendant Borges remitted to the trial court for a hearing and a determination as to whether the lineup identification and the in-court identifications of him were unduly influenced by prejudicially suggestive identification methods. In the interim, the appeal by Borges will be held in abeyance. The People's witness had never seen defendant Borges before the robbery and observed him only briefly during the commission of the crime. Several weeks later, he identified Borges from a single photograph shown to him by a police officer. One week later, he identified Borges in a lineup and thereafter identified him at the trial. The police officer who showed the photograph to the witness was not available to testify at a suppression hearing as to the facts surrounding the exhibition of the photograph. Accordingly, the case as to Borges should be remanded for a hearing in accordance with our ...