People v. Villanova

Defendant concedes that the suppression court correctly denied his request to call the complainant as a witness at the Wade hearing (People v Peterkin, 151 AD2d 407, affd 75 NY2d 985). He contends, however, that the trial court erred in denying his request to reopen the Wade hearing when the complainant and his friend both testified, contrary to the police officers’ testimony and the prosecutor’s representations at the hearing, that they were escorted to the scene of the show-up by other police officers in order to identify the individuals who had been apprehended. In view of this testimony,…