PEOPLE v. DAVIS


145 A.D.2d 566 (1988)

The People of the State of New York, Respondent, v. James Davis, Appellant

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

December 19, 1988


Ordered that the judgment is affirmed.

The defendant contends that the court erred by denying, without a hearing, that branch of his omnibus motion which was to suppress certain identification testimony. However, since the facts alleged in his application failed, as a matter of law, to support his request for suppression, a hearing was not required (see, People v Thompson, 129 A.D.2d 655, 656). We note that the amendment...

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