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PEOPLE v. McGILVARY

204 A.D.2d 1043 (1994)

613 N.Y.S.2d 309

The People of the State of New York, Respondent, v. Radcliffe McGilvary, Appellant

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

May 27, 1994

Judgment unanimously affirmed.

Memorandum:

Defendant contends that the suppression court erred in granting the People's motion to reopen the Wade hearing to receive evidence from two confidential informants on the issues whether pretrial identification procedures were unduly suggestive and whether there were independent bases for the informants' in-court identifications of defendant. We agree that the suppression court erred in reopening the Wade...

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