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PEOPLE v. DIAZ

131 A.D.2d 775 (1987)

The People of the State of New York, Respondent, v. Jose Diaz, Appellant

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

June 22, 1987

Ordered that the judgment is affirmed.

Based upon the record before us, we cannot agree with the defendant's contention that he was deprived of the effective assistance of counsel. The failure of defense counsel to request a Wade hearing was not error where the defendant conceded at trial that he was at the scene of the crime and where his defense was based upon the issue of credibility between his version of the...

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