The People of the State of New York, Plaintiff, v. Mayco Carchi, Defendant. (2026)

In an omnibus motion, the defense moves for an order suppressing identification testimony at trial related to a prior, out-of-court identification (United States v Wade, 388 US 218 [1967]; Dunaway v New York, 422 US 200 [1979]), and precluding the People from introducing evidence of prior bad acts at trial.

First, the motion to suppress identification testimony is granted to the extent that a Wade/Dunaway hearing will be conducted before trial. The parties' allegations create factual disputes that must be resolved at an evidentiary hearing (see CPL 710.60 [4]).

Next, the motion to preclude evidence of prior bad acts is referred to the trial court. The People are directed to provide supplemental discovery to the defense as soon as practicable and at least 15 calendar days prior to the first scheduled trial date (CPL 245.20 [3]; CPL 245.10 [1] [b]).

This constitutes the decision and order of the court.

Dated: March 18, 2026

New York, NY

Ilona B. Coleman, J.C.C.

Ilona B. Coleman, J.