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People v. Dominguez

Appellate Division of the Supreme Court of New York, First Department
Sep 20, 1994
207 A.D.2d 715 (N.Y. App. Div. 1994)

Opinion

September 20, 1994

Appeal from the Supreme Court, New York County, Joan Carey, J., Franklin Weissberg, J.


The court did not err in summarily denying defendant's motion for a Wade hearing. When a defendant's identity is not in issue, "`"suggestiveness" is not a concern'" and there is no need for a hearing (People v. Rodriguez, 79 N.Y.2d 445, 449, quoting People v. Gissendanner, 48 N.Y.2d 543, 552). Because the defendant did not contest that the witness was his friend, summary denial here was proper. In the circumstances presented, we decline to disturb the negotiated sentence (see, People v. Brito, 154 A.D.2d 293).

Concur — Sullivan, J.P., Carro, Nardelli, Williams and Tom, JJ.


Summaries of

People v. Dominguez

Appellate Division of the Supreme Court of New York, First Department
Sep 20, 1994
207 A.D.2d 715 (N.Y. App. Div. 1994)
Case details for

People v. Dominguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS DOMINGUEZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 20, 1994

Citations

207 A.D.2d 715 (N.Y. App. Div. 1994)
616 N.Y.S.2d 502

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