AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY WILLIAMS, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant contends that Supreme Court erred in denying his request for a Wade hearing. We conclude that the viewing of a photograph of defendant from the file by the officer who purchased cocaine from defendant on two separate occasions did not entitle defendant to a Wade hearing. If the undercover officer viewed the photograph before his first encounter with defendant, the People were not required to provide a notice of identification (see, CPL 710.30). If the officer viewed the photograph between the first and second encounters, any hint of suggestiveness was dissipated when the officer observed defendant during a second face-to-face drug transaction; that second encounter, along with several telephonic communications with defendant, establishes assurances of reliability obviating the need for a Wade hearing (see, People v Wharton, 74 N.Y.2d 921, 923).

Given defendant's extensive criminal history, we decline to exercise our power to modify defendant's sentence as a matter of discretion in the interest of justice (see, CPL 470.15 [b]).

Use AI to get other relevant cases.

Comments

PEOPLE v. WILLIAMS
(Nov 15, 1995)