People v. Morales

228 A.D.2d 704, 644 N.Y.2d 976, 644 N.Y.S.2d 976, 1996 N.Y. App. Div. LEXIS 7367

Opinion

"In cases where there has been no pretrial identification procedure and the defendant is identified in court for the first time, the defendant is not deprived of a fair trial because the defense counsel is able to explore weaknesses and suggestiveness of the identification in front of the jury (see, People v Bradley, 154 AD2d 609, 610; People v Jackson, 167 AD2d 420)” (People v Medina, 208 AD2d 771, 772). Accordingly, we reject the defendant’s contention that the in-court identifications violated his right to due process. Further, the court’s denial of the defendant’s request for a Wade hearing was proper because the witness’ pretrial identification of the defendant from a photograph in a local newspaper was not a police-arranged procedure (see, People v Bello, 219 AD2d 657; People v Fuller, 185 AD2d 446; People v Pauley, 125 AD2d 341; People v Marshall, 91 AD2d 643, 644).

The defendant’s remaining contentions are without merit. Pizzuto, J. P., Santucci, Altman and Hart, JJ., concur.