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PEOPLE v. VARGAS

118 Misc.2d 477 (1983)

The People of the State of New York, Plaintiff, v. Michael Vargas, Defendant.

Supreme Court, Trial Term, New York County.

March 25, 1983

Attorney(s) appearing for the Case

David Blackstone for defendant. Robert M. Morgenthau, District Attorney (James Veach of counsel), for plaintiff.

RENA K. UVILLER, J.

This motion to suppress identification testimony poses the vexing and recurrent question of whether the People's bare assertion that the identifying witness knew the defendant before the crime is a sufficient basis for denying the defendant a Wade hearing (388 U.S. 218). Also at issue is the significance, if any, of the fact that the witness viewed the defendant photographically rather than corporeally...

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