PEOPLE v. HAYES


162 A.D.2d 410 (1990)

The People of the State of New York, Respondent, v. Rudy Hayes, Appellant

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

June 28, 1990


Defendant contends, and we agree, that Supreme Court erred when it denied his motion for a Wade hearing. Supreme Court should have conducted a hearing, which we note was repeatedly requested, in order to resolve the question of whether the postarrest station house viewing of defendant by undercover Officer Nelson Cortes constituted an improper identification procedure or was merely a confirmatory identification. As the Court of Appeals recently stated in People...

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