PEOPLE v. DIXON


85 N.Y.2d 218 (1995)

647 N.E.2d 1321

623 N.Y.S.2d 813

The People of the State of New York, Respondent, v. Robert Dixon, Appellant.

Court of Appeals of the State of New York.

Decided February 23, 1995.


Attorney(s) appearing for the Case

Joel Atlas, New York City, and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Monique Ferrell, Roseann B. MacKechnie and Richard T. Faughnan of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, SMITH and CIPARICK concur with Judge TITONE; Judge BELLACOSA dissents in a separate opinion in which Judge LEVINE concurs.


TITONE, J.

Defendant was identified as a mugger during a canvassing of the crime scene undertaken by the police and the victim in a patrol car for purposes of identifying the perpetrators. The question we must decide is whether the courts below properly concluded that the allegedly spontaneous nature of an identification rendered a Wade hearing regarding the procedure unnecessary. We conclude that the...

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