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PEOPLE v. COLAS

206 A.D.2d 183 (1994)

The People of the State of New York, Respondent, v. Gary Colas, Appellant

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

December 6, 1994

Attorney(s) appearing for the Case

Charles D. Donohue, Jr., of counsel, New York City (Barry D. Leiwant on the brief; Shanley & Fisher, P. C., and Philip L. Weinstein, attorneys), for appellant.

David J. Mudd of counsel, New York City (Mark Dwyer on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

WALLACH, J. P., ASCH and WILLIAMS, JJ., concur.

RUBIN, J.

Defendant was arrested on February 19, 1982 by New York City police officers for a rape which took place at approximately 5:15 A.M. on July 19, 1981. Prior to trial, defendant moved to suppress the victim's identification of him as her assailant. On November 28, 1984, Supreme Court conducted a Wade hearing and denied defendant's motion. Jury trial commenced on December 3, 1984 and, on December...

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