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People v. Reyes

Appellate Division of the Supreme Court of New York, First Department
Dec 29, 1998
256 A.D.2d 242 (N.Y. App. Div. 1998)

Summary

In Reyes, for example, because the transaction had been "a lengthy face-to-face encounter," a motion to suppress was denied without a hearing where the identification was eight days after the transaction.

Summary of this case from Alvarez v. Fischer

Opinion

December 29, 1998

Appeal from the Supreme Court, Bronx County (Dominic Massaro, J.).


Defendant's motion to suppress identification testimony was properly denied without a hearing. A Wade hearing was not required in light of the confirmatory identification by the undercover police officer who had had an opportunity to observe defendant, in a lengthy face-to-face encounter, while negotiating over the price and quantity, and ultimately weighing and purchasing a substantial amount of drugs. The identification was not rendered unreliable by the eight-day lapse between that encounter and the showup such as to disqualify it for treatment as confirmatory ( compare, People v. Morales, 37 N.Y.2d 262, with People v. Gordon, 76 N.Y.2d 595).

Concur — Lerner, P. J., Wallach, Tom and Andrias, JJ.


Summaries of

People v. Reyes

Appellate Division of the Supreme Court of New York, First Department
Dec 29, 1998
256 A.D.2d 242 (N.Y. App. Div. 1998)

In Reyes, for example, because the transaction had been "a lengthy face-to-face encounter," a motion to suppress was denied without a hearing where the identification was eight days after the transaction.

Summary of this case from Alvarez v. Fischer
Case details for

People v. Reyes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALQUILINO REYES…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 29, 1998

Citations

256 A.D.2d 242 (N.Y. App. Div. 1998)
682 N.Y.S.2d 190

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