People v. Dominguez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, New York County (Joan Carey, J., on Wade motion; Franklin Weissberg, J., at plea and sentence), rendered March 30, 1993, convicting defendant, upon a guilty plea, of manslaughter in the first degree, and sentencing him to a term of 6 to 18 years, unanimously affirmed.
The court did not err in summarily denying defendant’s motion for a Wade hearing. When a defendant’s identity is not in issue, " ' "suggestiveness” is not a concern’ ” and there is no need for a hearing (People v Rodriguez, 79 NY2d 445, 449, quoting People v Gissendanner, 48 NY2d 543, 552). Because the…
2Cases cited3 opinions
- People v. GissendannerNew York Court of Appeals · 1979
- People v. RodriguezNew York Court of Appeals · 1992
- People v. BritoAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by1 opinion
- People v. EstradaAppellate Division of the Supreme Court of the State of New York · 1997