People v. Evans

OPINION OF THE COURT

Jack Mackston, J.

The People’s application to withdraw their consent to a Wade hearing is granted, and defendant’s request to suppress *484identification testimony, pursuant to CPL 710.30, is denied without a hearing on the grounds that the photopak viewing was a confirmatory procedure.

BACKGROUND

On the day scheduled for a Wade hearing, the People, in open court, moved to withdraw their prior stipulated consent to a hearing claiming that the eyewitness knew defendant and therefore the photopak display was merely confirmatory. Defendant objected contending he was, in any event,…