People v. Atkinson

Judgment, Supreme Court, Bronx County (Bonnie Wittner, J.), rendered April 27, 1989, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to an indeterminate prison term of from eighteen years to life, unanimously affirmed.

Prior to trial, the court granted the application of the prosecutor to terminate the Wade hearing after it became apparent that the witness who had viewed defendant in a lineup was previously familiar with him. Defendant has waived any claim to appellate review of this decision because his counsel failed to take advantage of the…