PEOPLE v. HEMINGWAY


152 A.D.2d 818 (1989)

The People of the State of New York, Respondent, v. Gary Hemingway, Appellant

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

July 13, 1989


Weiss, J. P.

After a jury trial, defendant was convicted of robbery in the first degree based on the December 17, 1987 knifepoint robbery of a taxicab driver in the City of Albany. On this appeal, defendant initially maintains that County Court erred in refusing to suppress the victim's identification testimony since the People failed to produce this witness at the suppression hearing and the showup procedure was unduly...

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