Defendant concedes that the hearing court's original denial of a Dunaway hearing was correct because his moving papers were devoid of necessary sworn factual allegations. He contends, however, that either the hearing or trial courts (this conviction arises out of a retrial) should have granted a Dunaway hearing because the defect in his moving papers was allegedly cured by testimony at the pretrial Wade/Huntley hearing as well as by trial testimony. Defendant...
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