People v. Clark
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
The sole issue on this appeal is whether the trial court acted within its legislatively prescribed discretion in denying defendant’s application to reopen its pretrial Wade determination (CPL 710.40 [4]; see, People v Fuentes, 53 NY2d 892). The Appellate Division affirmed defendant’s conviction for attempted robbery, after a jury trial, and a Judge of this Court granted leave to appeal. We conclude that the Appellate Division did not err in affirming the trial court’s ruling, which denied the application at trial to reopen the Wade hearing and determination.
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2Cases cited5 opinions
- People v. GissendannerNew York Court of Appeals · 1979
- People v. DixonNew York Court of Appeals · 1995
- People v. NewballNew York Court of Appeals · 1990
- People v. GeaslenNew York Court of Appeals · 1981
- People v. FuentesNew York Court of Appeals · 1981
3Cited by59 opinions
- Arnold Lynn v. Dennis Bliden, First Deputy Supt.Court of Appeals for the First Circuit · 2006
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 2014
- People v. GrahamAppellate Division of the Supreme Court of the State of New York · 2001
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1998
- People v. FabersAppellate Division of the Supreme Court of the State of New York · 2015
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