PEOPLE v. MURILLO (2024)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Yubeiker MURILLO, Defendant-Appellant.

570633 /16

Decided: May 30, 2024

PRESENT: Brigantti, J.P., James, Perez, JJ.

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 NY2d 445 [1992]) and, if not, whether the identification procedure was unduly suggestive (see People v Dixon, 85 NY2d 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.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

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