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People v. Glover

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 862 (N.Y. App. Div. 1999)

Opinion

November 12, 1999

Appeal from Judgment of Monroe County Court, Marks, J. — Murder, 2nd Degree.

PRESENT: DENMAN, P. J., GREEN, PINE, SCUDDER AND CALLAHAN, JJ.


Judgment unanimously affirmed. Memorandum: County Court properly denied defendant's request for a Wade hearing because the factual predicate for the request is insufficient as a matter of law (see, CPL 710.60; People v. Rodriguez, 79 N.Y.2d 445, 452).

The viewing of photographs by the police officer before trial constituted trial preparation, not an identification procedure (see, People v. Morales, 248 A.D.2d 173, lv denied 92 N.Y.2d 857; see also, People v. Herner, 85 N.Y.2d 877, 879). The sentence is neither unduly harsh nor severe.


Summaries of

People v. Glover

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 862 (N.Y. App. Div. 1999)
Case details for

People v. Glover

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. SHAWN GLOVER…

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

Date published: Nov 12, 1999

Citations

266 A.D.2d 862 (N.Y. App. Div. 1999)
698 N.Y.S.2d 185

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