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PEOPLE v. WASHINGTON

8038. 1538/16.

168 A.D.3d 439 (2019)

89 N.Y.S.3d 613

2019 NY Slip Op 00070

The People of the State of New York, Respondent, v. Martin Washington, Appellant.

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

Decided January 8, 2019.

The court properly denied defendant's motion to suppress identification testimony, without granting a hearing pursuant to People v Rodriguez (79 N.Y.2d 445 [1992]). Defendant's motion sought such a hearing to test the People's assertion in their voluntary disclosure form that a witness who had a prior relationship with defendant had made a confirmatory identification. However, after the People's opposing papers set forth

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