People v. Walcott
Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldberg, J.), rendered August 14, 1991, convicting him of robbery in the first degree (three counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, without a hearing, of that branch of the defendant’s omnibus motion which was to suppress the identification testimony as the fruit of an unlawful arrest.
Ordered that the matter is remitted to the Supreme Court, Kings County, to hear and report on that branch of the defendant’s motion which sought suppression of identification testimony on the grounds that it was the fruit of an unlawful arrest, and the appeal is held in abeyance in the interim; the Supreme Court, Kings County, is to file its report with all convenient speed.
We agree with the defendant that it was error to summarily deny that branch of his motion which was to suppress identification testimony as the fruit of an illegal arrest. The People opposed defendant’s suppression motion solely on the basis that no weapons were recovered from the defendant. However, no issue with respect to weapons was raised by the defendant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.