Legal Opinion

People v. Dominguez

Appellate Division of the Supreme Court of the State of New York

Decided September 20, 1994PublishedCited by 1 opinion

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

  1. People v. GissendannerNew York Court of Appeals · 1979
  2. People v. RodriguezNew York Court of Appeals · 1992
  3. People v. BritoAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by1 opinion

  1. People v. EstradaAppellate Division of the Supreme Court of the State of New York · 1997

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