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PEOPLE v. JOAQUIN

242 A.D.2d 589 (1997)

664 N.Y.S.2d 735

The People of the State of New York, Respondent, v. Franklin Joaquin, Appellant

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

September 15, 1997

Ordered that the judgment is affirmed.

The defendant failed to establish the need for the testimony of Officer Baran, an identifying witness, at the Wade hearing. All of the relevant facts necessary to render a determination were elicited from the officers who did testify at the hearing. Thus, the court did not err in denying the defendant's application to compel Officer Baran's testimony (see, People v Chipp, 75 N.Y.2d 327

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