Legal Opinion

People v. Mitchell

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

Decided April 21, 1997Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered August 17, 1994, convicting him of criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Buchter, J.), of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

The defendant is not entitled to a de novo Wade hearing based on the People’s failure to turn over alleged Rosario material prior to the hearing.…

2Cases cited2 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. BryantAppellate Division of the Supreme Court of the State of New York · 1994

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