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PEOPLE v. MOISE

4514/10, 10375.

110 A.D.3d 49 (2013)

970 N.Y.S.2d 220

2013 NY Slip Op 5550

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDIE MOISE, Appellant.

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

Decided August 6, 2013.

Attorney(s) appearing for the Case

Cardozo Criminal Appeals Clinic, New York City ( Stanley Neustadter of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Philip Morrow and Sheryl Feldman of counsel), for respondent.

ACOSTA, J.P., SAXE, RENWICK and CLARK, JJ., concur.

OPINION OF THE COURT

RICHTER, J.

Defendant's conviction in this case arises out of the sale of a gun and ammunition to an undercover police officer. Defendant was not apprehended immediately after the sale, but rather was arrested about a week later. Defendant's identity was confirmed by the undercover based on his review of a photograph. Prior to the Wade hearing, the People submitted an ex parte affirmation

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