PEOPLE v. SMITH


203 A.D.2d 495 (1994)

610 N.Y.S.2d 594

The People of the State of New York, Respondent, v. Anthony Smith, Also Known as Tony, Also Known as Aurello Smith, Also Known as Smitty, Appellant

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

April 18, 1994


Ordered that the matter is remitted to the County Court, Westchester County, to hear and report on that branch of the defendant's omnibus motion which was to suppress identification evidence, and the appeal is held in abeyance in the interim; the County Court, Westchester County, shall file its report with all convenient speed.

We conclude that the denial, without a hearing, of the defendant's application for a Wade hearing with respect to the proposed identification...

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