PEOPLE v. WHITE


275 A.D.2d 680 (2000)

713 N.Y.S.2d 687

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEY WHITE, Also Known as CLIFTON SPENCER, Appellant.

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

Decided September 28, 2000.


The additional facts revealed by the complainant's testimony at trial would not warrant reopening of the Wade hearing, a remedy requested by defendant for the first time on appeal. The additional facts could not have changed the court's determination that the prompt showup was not unduly suggestive.

Defendant's challenge to the court's reasonable doubt instruction is unpreserved and we decline to review it in the interest of justice. Were we to review this...

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