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PEOPLE v. EVANS

146 Misc.2d 483 (1990)

The People of the State of New York, Plaintiff, v. Donald Evans, Defendant.

County Court, Nassau County.

January 19, 1990

Attorney(s) appearing for the Case

Denis Dillon, District Attorney (James G. Clynes of counsel), for plaintiff. Michael F. Berger for defendant.

JACK MACKSTON, J.

The People's application to withdraw their consent to a Wade hearing is granted, and defendant's request to suppress identification testimony, pursuant to CPL 710.30, is denied without a hearing on the grounds that the photopak viewing was a confirmatory procedure.

BACKGROUND

On the day scheduled for a Wade hearing, the People, in open court, moved to withdraw...

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