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People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1995
211 A.D.2d 601 (N.Y. App. Div. 1995)

Opinion

January 31, 1995

Appeal from the Supreme Court, New York County (Murray Mogel, J.).


Contrary to defendant's argument, we find that the hearing court did not err when it denied defendant's request that the People be directed to turn over at the Wade hearing the names and addresses of at least 11 eyewitnesses, who had identified defendant to arriving police officers as the person who had stabbed to death the victim on the Great Lawn, in Central Park. The law is well settled that a defendant does not have an unqualified right to call an identifying witness at a Wade hearing, unless such witness' testimony is necessary because the hearing evidence raises substantial issues as to the constitutionality of police-arranged identification procedures (People v. Chipp, 75 N.Y.2d 327, 337-338, cert denied 498 U.S. 833). Here, there was no evidence of police-arranged identification of defendant.

Concur — Rosenberger, J.P., Kupferman, Nardelli and Tom, JJ.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1995
211 A.D.2d 601 (N.Y. App. Div. 1995)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN GONZALEZ, Also…

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

Date published: Jan 31, 1995

Citations

211 A.D.2d 601 (N.Y. App. Div. 1995)
622 N.Y.S.2d 29

Citing Cases

Ramos v. Goodman

Accord People v. Battle, 609 N.Y.S.2d 716, 717 (4th Dep't 1994) (identification not arranged by police where…