The People of the State of New York, Respondent v. Kaity Marshall, Appellant

Summary

The Court of Appeals affirmed the Appellate Term, holding that the trial court’s denial of a Wade hearing was harmless because an independent source for the complainant’s in‑court identification was established, and rejecting the Herner trial‑preparation exception as a barrier to Wade scrutiny. Chief Judge Lippman dissented, arguing that the defendant was denied a proper Wade hearing and that the independent‑source finding was not properly before the court.