People v. Nichols

Judgment unanimously affirmed. Memorandum: County Court did not abuse its discretion in denying defendant’s motion to reopen the Wade hearing (see, People v Clark, 88 NY2d 552, 555-556). Prior to defendant’s trial on robbery and burglary charges, a Wade hearing was held to determine the propriety of a photographic array conducted on March 30, 1995 and a lineup conducted in October 1995. The court adopted the Hearing Officer’s recommendations that the photo array and the lineup had been properly conducted and denied defendant’s motion to suppress. Thereafter, defendant moved to reopen the Wade…