PEOPLE v. MONACO


93 A.D.2d 823 (1983)

The People of the State of New York, Respondent, v. Donald Monaco, Appellant

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

April 4, 1983


Judgment affirmed.

Although Criminal Term erred in refusing to hold a Wade hearing, a review of the trial record demonstrates that the defendant was not identified by the complaining witness as a result of any procedures employed by the police. Rather, the complaining witness, who was a credible witness, testified that two days after the crime he saw the defendant on the street and had his wife call the police. They came about 10 minutes later and arrested...

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