People v. Corchado

The People concede, and we agree, that it was error to summarily deny the defendant’s request for a Wade hearing with respect to witnesses Sergio Alvarez and Hector Tosté. A canvas of a crime area with Alvarez in the police car, during which Alvarez spotted the defendant, was an "identification procedure undertaken at the 'deliberate direction of the State’ ” (People v Dixon, 85 NY2d 218, 223, citing CPL 710.30). Consequently, the suppression court’s summary denial of the defendant’s request for a Wade hearing to inquire into the circumstances surrounding Alvarez’s identification was improper…