Legal Opinion

People v. Boynton

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

Decided November 23, 1987Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Murray, J.), rendered January 17, 1983, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that he was deprived of a fair trial when the prosecutor showed his photograph to the complaining witnesses on the morning of the trial has not been preserved for appellate review. By failing to request a Wade hearing either before or during trial the defendant has waived his right to judicial review of the issue (CPL…

2Cases cited5 opinions

  1. People v. RossNew York Court of Appeals · 1967
  2. People v. TillmanAppellate Division of the Supreme Court of the State of New York · 1980
  3. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1982
  4. In re Michael J.Appellate Division of the Supreme Court of the State of New York · 1986
  5. People v. GustafsonAppellate Division of the Supreme Court of the State of New York · 1985

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