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PEOPLE v. MATO

83 N.Y.2d 406 (1994)

633 N.E.2d 446

611 N.Y.S.2d 92

The People of the State of New York, Respondent, v. Alejandro Mato, Appellant.

Court of Appeals of the State of New York.

Decided March 22, 1994.

Attorney(s) appearing for the Case

John H. Wilson, New York City, and Dana G. Howard for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Elizabeth R. Nochlin and Norman Barclay of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA and CIPARICK concur with Judge SMITH; Judge LEVINE dissents and votes to affirm in a separate opinion; Judge TITONE taking no part.

SMITH, J.

The primary issue here is whether the trial court erred when it denied defendant's motion for a Wade hearing on the grounds that the identifications by the undercover police officer were confirmatory. Because we conclude that there was an error, we remit the case for a Wade hearing and, if necessary, a new trial.

On July 12, 1989, an undercover police officer was assigned to make...

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