PEOPLE v. HERNANDEZ


70 N.Y.2d 833 (1987)

The People of the State of New York, Respondent, v. Julio Hernandez, Appellant.

Court of Appeals of the State of New York.

Decided November 17, 1987.


Attorney(s) appearing for the Case

Michael B. Powers for appellant.

Mario Merola, District Attorney (Susan Valle and Peter D. Coddington of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted upon a plea of guilty of attempted robbery in the first degree of a grocery store. Two days after the robbery, three witnesses went to the station house to view drawers of photographs in an effort to identify the perpetrator. None selected any photograph and it was later established that defendant's picture was not among the...

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