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PEOPLE v. LIVINGSTON

186 A.D.2d 1076 (1992)

The People of the State of New York, Respondent, v. Robert Livingston, Appellant

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

October 7, 1992

Judgment unanimously affirmed.

Memorandum:

We agree with defendant that Supreme Court erred in summarily denying his request for a Wade hearing based upon the court's conclusion that the identification procedures involving prosecution witness Wonder Scott were only "confirmatory" in nature (see, People v Rodriguez, 79 N.Y.2d 445; People v Williamson, 79 N.Y.2d 799<...

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