DECISION AND ORDERINTRODUCTION
*1 Defendant Chaquan Murphy Jackson is charged with the misdemeanor of criminal trespass in the second degree. On January 4, 2018, a Wade hearing was held to determine whether the showup identification procedures used by the police in this case were unconstitutionally suggestive. For the reasons stated below, defendant’s motion to suppress the witness’s identification of him is granted.FACTUAL BACKGROUNDAt the hearing, Rochester Police Officer Giovanni Maldonado testified for the People. Defendant presented no evidence.According to the credible evidence, at about midnight on November 4, 2017, Rochester Police Officer Maldonado responded to a dispatch call about a man who was reported to be looking through parked cars and checking house doors on Barrington Street in Rochester, New York. In response to the call, Officer Maldonado drove to 94 Barrington Street to speak to the caller, Thomas Szatko.When Officer Maldonado arrived, Mr. Szatko showed him a video recording from his home security system that showed the man in question walking up Mr. Szatko’s driveway, trying to open the doors to the cars in the driveway. The video recording also showed the man going onto to the enclosed back porch of Mr. Szatko’s house, opening the door, and remaining there for almost a minute before leaving. The man in question was wearing a white hooded shirt with the letters “USA” on the back and dark jeans, and he had a mask over his face.After watching the video recording, Officer Maldonado initially searched the neighborhood for the man, but then sat in his car on East Avenue near Barrington Street. While there, he saw defendant, who was dressed in dark jeans and a white hood shirt with the letters “USA” on the back, walking on the sidewalk. Officer Maldonado approached defendant, and asked if he could talk to him and to remove his hands from his pockets. As defendant began to remove his hands from his pockets, he suddenly ran away. Officer Maldonado chased defendant and eventually apprehended him near University Avenue and Portsmouth in Rochester, New York at around 1:08 a.m.
