PEOPLE v. BATTAGLIA


159 A.D.2d 993 (1990)

The People of the State of New York, Respondent, v. Carmen Battaglia, Appellant

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

March 16, 1990


Judgment unanimously affirmed.

Memorandum:

The court did not err by denying defendant's motion for a Wade hearing. Because this case predates the November 1, 1986 amendment of CPL 710.60, defendant was required to provide sworn allegations of fact to support the legal ground stated for suppression of identification testimony. Here, defendant failed to allege any facts to support a conclusion that the photographic identification procedure utilized by...

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