PEOPLE v. AYALA


75 N.Y.2d 422 (1990)

The People of the State of New York, Respondent, v. Neftali Ayala, Appellant.

Court of Appeals of the State of New York.

Decided February 13, 1990.


Attorney(s) appearing for the Case

Raymond C. Volper and Stephen J. Pittari for appellant.

Carl A. Vergari, District Attorney (Richard Longworth Hecht, Maryanne Luciano and Richard E. Weill of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA, concur.


TITONE, J.

Defendant was convicted of murdering one James McKinley and attempting a criminal assault against one Thomas Barrett. The charges arose as a result of defendant's participation in a violent melee, which grew out of an earlier confrontation between defendant and the two victims. The present appeal requires us to consider whether the Wade hearing testimony of an eyewitness who has since become...

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