New Trial Ordered In Robbery Case
June 10, 2015
The defendant was charged with two first-degree robberies in downtown Brooklyn. The robber entered a bank branch, indicated that he had a gun in his pocket, passed a note to a bank teller, and demanded money. Appellant was arrested approximately two weeks after the second bank robbery.
At his trial in Kings County, the court permitted a bank teller to make an in-court identification the defendant,despite the fact that it had suppressed a suggestive lineup and had not held independent source hearing. Today, the Appellate Division held that it was error to permit the complainant’s in-court identification without first conducting an independent source hearing. The court reversed the defendant’s conviction and ordered a new trial, to be preceded by an independent source hearing.
Patricia Pazner prepared the opening brief on behalf of Appellate Advocates and argued the case, and Kendra Hutchinson prepared the reply brief.