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People v. Stubbs

Appellate Division of the Supreme Court of New York, Fourth Department
May 2, 2003
305 A.D.2d 1096 (N.Y. App. Div. 2003)

Opinion

KA 01-01489

May 2, 2003.

Appeal from a judgment of Monroe County Court (Schwartz, J.), entered May 10, 2001, convicting defendant after a jury trial of assault in the second degree.

EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (ELIZABETH CLARKE OF COUNSEL), FOR DEFENDANT-APPELLANT.

HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, LAWTON, AND HAYES, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him following a jury trial of assault in the second degree (Penal Law 120.05). We reject defendant's contention that County Court erred in refusing to conduct a Wade hearing. Civilian-initiated identification procedures do not require a Wade hearing ( see People v Dixon, 85 N.Y.2d 218, 222; People v. Harris, 288 A.D.2d 20, lv denied 97 N.Y.2d 755; People v. Lewis, 258 A.D.2d 287, 288; People v. Rumph, 248 A.D.2d 142, lv denied 92 N.Y.2d 860). Here, the court had sufficient evidence before it, based on the testimony at the preliminary hearing, to determine as a matter of law that the identification procedure was initiated by the victim and that a Wade hearing therefore was not required ( see Rumph, 248 A.D.2d at 142).


Summaries of

People v. Stubbs

Appellate Division of the Supreme Court of New York, Fourth Department
May 2, 2003
305 A.D.2d 1096 (N.Y. App. Div. 2003)
Case details for

People v. Stubbs

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JASON STUBBS…

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

Date published: May 2, 2003

Citations

305 A.D.2d 1096 (N.Y. App. Div. 2003)
759 N.Y.S.2d 718