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PEOPLE v. MENDEZ

155 Misc.2d 368 (1992)

The People of the State of New York, Plaintiff, v. Angel Mendez, Defendant.

Supreme Court, New York County.

July 30, 1992

Attorney(s) appearing for the Case

Goldstein, Weinstein & Fuld (Barry A. Weinstein of counsel), for defendant. Robert M. Morgenthau, District Attorney of New York County (Zachary Weiss of counsel), for plaintiff.

EDWARD J. McLAUGHLIN, J.

Is a defendant entitled to a Wade hearing to ascertain the constitutionality of a dying identification procured through a police-arranged hospital showup? If so, are the People required to give notice under CPL 710.30 (1) (b) that they intend to offer at trial third-party testimony of a dying identification?

Because this court answers both these questions of first impression...

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