People v. Mendez
New York Supreme Court
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
- United States v. WadeSupreme Court of the United States · 1967
- Stovall v. DennoSupreme Court of the United States · 1967
- Ohio v. RobertsSupreme Court of the United States · 1980
- People v. RosarioNew York Court of Appeals · 1961
- People v. GissendannerNew York Court of Appeals · 1979
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3Cited by1 opinion
- People v. PattersonAppellate Division of the Supreme Court of the State of New York · 1997