PEOPLE v. ATKINSON


185 A.D.2d 186 (1992)

The People of the State of New York, Respondent, v. Reginald Atkinson, Appellant

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

July 16, 1992


Prior to trial, the court granted the application of the prosecutor to terminate the Wade hearing after it became apparent that the witness who had viewed defendant in a lineup was previously familiar with him. Defendant has waived any claim to appellate review of this decision because his counsel failed to take advantage of the court's ruling allowing him to reopen the Wade hearing if he could establish a lack of familiarity with defendant through voir dire...

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