PEOPLE v. APONTE


213 A.D.2d 415 (1995)

623 N.Y.S.2d 333

The People of the State of New York, Respondent, v. Pedro Aponte, Appellant

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

March 6, 1995


Ordered that the judgment is reversed, on the law and in the interest of justice, and a new trial is ordered to be preceded by a hearing on the issue of whether the identification procedures which occurred in this case were merely confirmatory so as to obviate the need for a Wade hearing.

The defendant's omnibus motion included an application for the suppression of evidence relating to his identification by the victim. The People, in opposing this application...

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