PEOPLE v. BOYCE


141 A.D.2d 655 (1988)

The People of the State of New York, Respondent, v. Alfredo Boyce, Appellant

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

June 13, 1988


Ordered that the judgment is affirmed.

During a Wade hearing to suppress a hospital showup, the victim — who had been shot three times in the head — testified that he had, in fact, identified the defendant at the hospital as the shooter. The Trial Assistant, however, informed the court that it was his position — based, inter alia, upon certain police reports — that no such identification had been made by the victim. Although...

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