PEOPLE v. GARCIA


284 A.D.2d 106 (2001)

726 N.Y.S.2d 27

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID GARCIA, Appellant.

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

Decided June 5, 2001.


Defendant concedes that the hearing court's original denial of a Dunaway hearing was correct because his moving papers were devoid of necessary sworn factual allegations. He contends, however, that either the hearing or trial courts (this conviction arises out of a retrial) should have granted a Dunaway hearing because the defect in his moving papers was allegedly cured by testimony at the pretrial Wade/Huntley hearing as well as by trial testimony. Defendant...

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