Legal Opinion
People v. Esquiled
Appellate Division of the Supreme Court of the State of New York
Decided September 16, 2002PublishedCited by 3 opinions
1Opinion of the Court
The defendant’s claim that the trial court should have reopened the pretrial Wade hearing (see United States v Wade, 388 US 218) based upon the testimony elicited during the trial is unpreserved for appellate review since he did not move for that relief (see CPL 470.05 [2]; People v Feinsod, 278 AD2d 335, 336; People v Johnson, 262 AD2d 155; People v Meyer, 255 AD2d 272). The defendant’s attempt to use the trial testimony to challenge the pretrial suppression ruling is impermissible (see People v Polk, 284 AD2d 416, 417; People v Feinsod, supra; People v Andujar, 267 AD2d 467, 468).
The…
2Cases cited7 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- United States v. WadeSupreme Court of the United States · 1967
- People v. PolkAppellate Division of the Supreme Court of the State of New York · 2001
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1999
- People v. AndujarAppellate Division of the Supreme Court of the State of New York · 1999
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 2011
- People v. UmojaAppellate Division of the Supreme Court of the State of New York · 2010
- In re Felix D.Appellate Division of the Supreme Court of the State of New York · 2006