Legal Opinion

People v. Stubbs

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

Decided May 2, 2003Published

1Opinion of the Court

—Appeal from a judgment of Monroe County Court (Schwartz, J.), entered May 10, 2001, convicting defendant after a jury trial of assault in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of assault in the second degree (Penal Law § 120.05 [1]). We reject defendant’s contention that County Court erred in refusing to conduct a Wade hearing. Civilian-initiated identification procedures do not require a Wade hearing (see People v Dixon, 85…

2Cases cited4 opinions

  1. People v. DixonNew York Court of Appeals · 1995
  2. First Bank of the Americas v. Motor Car Funding, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  3. People v. RumphAppellate Division of the Supreme Court of the State of New York · 1998
  4. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2001

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