Court of Appeals of New York

The court held the trial preparation exception of People v. Herner, 85 N.Y.2d 877 (1995) to the requirement of a hearing under US v. Wade, 388 U.S. 218 (1967), arising when an unduly suggestive photo identification is alleged, is unnecessary and outlined a revised pre-trial Wade hearing procedure. Conviction for attempted criminal possession of a weapon, menacing, and harassment is affirmed in the underlying case on harmless error grounds.

Appellate Information

• Published 2015/12/17

Judges

• RIVERA

Court

• Court of Appeals of New York

Counsel