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PEOPLE v. FIGUEROA

83 A.D.2d 564 (1981)

The People of the State of New York, Respondent, v. Rene Figueroa, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 6, 1981

Judgment reversed, on the law, and new trial ordered.

Reversal is required because of the inadequacy of defendant's representation at trial. The record reveals that the defense attorney: (1) failed to seek a pretrial Wade hearing, although identification was the primary issue in the case; (2) waived his client's Sixth Amendment right to a public trial on the bare assertions of the prosecutor that the undercover officer...

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