People v. Davis
| Decision Date | 05 March 1984 |
| Citation | 100 A.D.2d 518,472 N.Y.S.2d 728 |
| Parties | The PEOPLE, etc., Respondent, v. Lincoln DAVIS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Emily Jane Goodman and James A. Cohen, New York City (Allan P. Haber, New York City, on the brief), for appellant.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood and Karen M. Wigle, Brooklyn, of counsel; Evan Wolfson, Brooklyn, on the brief), for respondent.
Before LAZER, J.P., and NIEHOFF, BOYERS and LAWRENCE, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 15, 1981, convicting him of robbery in the first degree and criminal use of a firearm in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial of defendant's motion to suppress identification testimony.
Case remitted to Criminal Term for further proceedings consistent herewith, and appeal held in abeyance in the interim. Criminal Term shall file its report with all convenient speed.
At a Wade hearing, Criminal Term denied defendant's request to call the complainant as a witness with respect to whether he had seen defendant in custody at the precinct prior to the exhibition of a photo array and lineup. On the record before us, we cannot say the request, insofar as it related to a potential taint in the identification process, was made in palpably bad faith. Accordingly, the court improperly denied the application . Thus, the Wade hearing must be reopened to receive testimony relevant to the issue of potential taint.
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