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THE PEOPLE, ETC., respondent, v. DELROY RIDLEY, appellant.

DECISION ORDER

ORDERED that the judgment is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress identification testimony is granted, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The police lacked reasonable suspicion to stop and detain the defendant for the purpose of a showup identification ( see People v. Riddick, 269 A.D.2d 471). Thus, the hearing court should have granted that branch of the defendant's omnibus motion which was to suppress identification testimony ( see People v. Hargroves, 296 A.D.2d 581; People v. Gethers, 86 N.Y.2d 159, 162; People v. Dubinsky, 289 A.D.2d 415, 416; People v. Yiu C. Choy, 173 A.D.2d 883, 884).

Under the particular circumstances of this case, including the fact that at the trial the complainant was unable to identify either the defendant or any of the codefendants as his assailants, we are constrained to dismiss the indictment ( see People v. Rossi, 80 N.Y.2d 952, 954; People v. Hargroves, 296 A.D.2d 581; People v. Hargroves, 296 A.D.2d 582; People v. Strickland, 296 A.D.2d 584; People v. Wright, 296 A.D.2d 585; People v. Hargroves, 303 A.D.2d 766).

In light of this determination, we need not reach the defendant's remaining contentions.

SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.

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PEOPLE v. RIDLEY
(Jul 7, 2003)