Legal Opinion

People v. Mendez

New York Supreme Court

Decided July 30, 1992PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Edward J. McLaughlin, J.

Is a defendant entitled to a Wade hearing to ascertain the constitutionality of a dying identification procured through a police-arranged hospital showup? If so, are the People re*369quired to give notice under CPL 710.30 (1) (b) that they intend to offer at trial third-party testimony of a dying identification?

Because this court answers both these questions of first impression in the affirmative, a written opinion is filed to explain a ruling that the court made during a recently concluded trial.1

FINDINGS OF FACT

On October 26, 1990, Mr. Felice Martinez…

2Cases cited23 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Stovall v. DennoSupreme Court of the United States · 1967
  3. Ohio v. RobertsSupreme Court of the United States · 1980
  4. People v. RosarioNew York Court of Appeals · 1961
  5. People v. GissendannerNew York Court of Appeals · 1979

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3Cited by1 opinion

  1. People v. PattersonAppellate Division of the Supreme Court of the State of New York · 1997

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