| People v Little |
| 2021 NY Slip Op 05310 [198 AD3d 430] |
| October 5, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Keith Little, Appellant. |
Janet E. Sabel, The Legal Aid Society, New York (Ronald Zapata of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Amanda Katherine Regan of counsel), for respondent.
Appeal from judgment, Supreme Court, New York County (Gregory Carro, J.),rendered October 26, 2016, convicting defendant, upon his plea of guilty, of attemptedburglary in the second degree, and sentencing him, as a second felony offender, to aterm of three years, held in abeyance, and the matter remanded to SupremeCourt for further proceedings in accordance with this decision.
The People failed to meet their burden of offering sufficient information, innonconclusory fashion, in opposition to defendant's omnibus motion to enable the suppression court to independently determine whether a detective's identification was, in fact, confirmatory, as the People represented (see generally People v Pacquette, 25 NY3d 575, 579-580 [2015]; People v Boyer, 6 NY3d 427, 431-433 [2006]; People v Wharton, 74 NY2d 921 [1989]). Accordingly, defendant was entitled to a Wade hearing, and that branch of his omnibus motion should not have been summarily denied. Concur—Renwick, J.P., Gische, Kapnick, Kennedy, Shulman, JJ.