# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · May 2, 1988 · 140 A.D.2d 363

URL: https://www.frixlaw.com/law-library/cases/5904733

## Case

- **Full name:** The People of the State of New York v. Richard A. Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 2, 1988
- **Citations:** 140 A.D.2d 363; 527 N.Y.S.2d 850; 1988 N.Y. App. Div. LEXIS 4644
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5904733

## Opinion text

Assigned appellate counsel filed an Anders/Saunders brief (see, Anders v California, 386 US 738 , supra; People v Saunders, 52 AD2d 833 ), claiming that the appeal was frivolous. Based upon our independent review of the record, appealable issues exist as to whether the display of a single photograph of the defendant to the complainant Theresa W. was impermissibly suggestive; if so, whether the photographic identification procedure tainted the complainant’s subsequent identification *364 at a pretrial lineup; and whether there was an independent basis for her in-court identification of the defendant. Since nonfrivolous issues can be identified in the record, we must assign new counsel and reconsider the appeal de novo (see, People v Casiano, 67 NY2d 906 ; People v Vasquez, 70 NY2d 1 , rearg denied 70 NY2d 748 ). Mangano, J. P., Kunzeman, Rubin, Hooper and Harwood, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5904733. Public record. Not legal advice.