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PEOPLE v. RODRIGUEZ

49 A.D.3d 433 (2008)

853 N.Y.S.2d 351

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TITO RODRIGUEZ, Appellant.

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

Decided March 20, 2008.

The court properly denied defendant's motion to suppress identification testimony. The hearing court properly exercised its discretion (see People v Chipp, 75 N.Y.2d 327, 337 [1990], cert denied 498 U.S. 833 [1990]) in refusing to permit defendant to call as a witness a police sketch artist who had worked with the victim to create a wanted poster. "[T]he purpose and function of the Wade hearing is to determine whether...

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