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PEOPLE v. CLARK

88 N.Y.2d 552 (1996)

670 N.E.2d 980

647 N.Y.S.2d 479

The People of the State of New York, Respondent, v. Erick Clark, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1996.

Attorney(s) appearing for the Case

Kevin F. Casey, New York City, and Daniel L. Greenberg for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Ruth E. Ross and Roseann B. MacKechnie of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, SMITH and LEVINE concur with Judge BELLACOSA; Judge TITONE dissents in a separate opinion in which Judge CIPARICK concurs.

BELLACOSA, J.

The sole issue on this appeal is whether the trial court acted within its legislatively prescribed discretion in denying defendant's application to reopen its pretrial Wade determination (CPL 710.40 [4]; see, People v Fuentes, 53 N.Y.2d 892). The Appellate Division affirmed defendant's conviction for attempted robbery, after a jury trial,...

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