People v. Ross

OPINION OF THE COURT

Gerald Sheindlin, J.

The defendant was indicted for attempted murder in the second degree, assault in the first degree, assault in the second degree and other crimes. The defendant now moves for a full Wade hearing on the grounds that the People did not sufficiently establish the victim’s familiarity with the defendant so as to preclude a full blown Wade hearing. The People contend that the testimony of an individual who knows both the defendant and the victim sufficiently established the victim’s prior familiarity with the defendant.

A pre-Wade (or Rodriguez) hearing was…