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PEOPLE v. GARCIA

201 A.D.2d 666 (1994)

608 N.Y.S.2d 262

The People of the State of New York, Respondent, v. Jose Garcia, Appellant

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

February 22, 1994

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the testimony adduced at the Wade hearing established that the identification made at the scene of the incident was spontaneous and was not the result of any police-arranged procedure. Thus, the People met their burden of establishing the lack of police involvement in the identification (see, People v Mack, 116 A.D.2d 593). In any...

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