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PEOPLE v. CABRERA

235 A.D.2d 319 (1997)

654 N.Y.S.2d 5

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

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

January 23, 1997

Summary denial of defendant's motion to suppress identification testimony was proper. Defendant made no showing that the undercover officer's routine, confirmatory drive-by and stationhouse identifications contained any element of suggestive police conduct. Therefore, a Wade hearing was unnecessary (see, People v Wharton, 74 N.Y.2d 921, 922).

The evidence was legally...

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