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PEOPLE v. DOMINGUEZ

207 A.D.2d 715 (1994)

616 N.Y.S.2d 502

The People of the State of New York, Respondent, v. Carlos Dominguez, Appellant

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

September 20, 1994

The court did not err in summarily denying defendant's motion for a Wade hearing. When a defendant's identity is not in issue, "`"suggestiveness" is not a concern'" and there is no need for a hearing (People v Rodriguez, 79 N.Y.2d 445, 449, quoting People v Gissendanner, 48 N.Y.2d 543, 552). Because the defendant did not contest that the witness was his friend, summary denial here...

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