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PEOPLE v. GASTON

278 A.D.2d 932 (2000)

718 N.Y.S.2d 666

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDERICK DOUGLAS GASTON, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 27, 2000.

Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him of robbery in the first degree (Penal Law § 160.15 [2]) following the reversal of his prior judgment of conviction and a retrial (People v Gaston, 244 A.D.2d 889). Contrary to defendant's contention, County Court properly denied defendant's oral motion for a Wade hearing prior to the retrial (see, People v Mezon...

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