PEOPLE v. RODRIGUEZ


79 N.Y.2d 445 (1992)

The People of the State of New York, Respondent, v. Felix Rodriguez, Also Known as Francisco Jaurequi, Appellant.

Court of Appeals of the State of New York.

Decided May 7, 1992.


Attorney(s) appearing for the Case

Alexandra E. Trinkoff and E. Joshua Rosenkranz for appellant.

Robert M. Morgenthau, District Attorney (Eleanor J. Ostrow and Mark Dwyer of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, TITONE and HANCOCK, JR., concur with Judge KAYE; Judge BELLACOSA dissents and votes to affirm in a separate opinion.


KAYE, J.

This appeal centers on the "confirmatory identification" exception to the notice and hearing requirements of the Criminal Procedure Law for suggestive pretrial identification procedures. We conclude that, where a citizen eyewitness claimed to have seen the defendant numerous times in a store, it was error to deny defendant's Wade hearing motions summarily, because the witness' assertion did not...

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